2007-08-18 10:28:53 · 17 answers · asked by razor 5 in Politics & Government ➔ Law & Ethics
I believe so. While most people only see gay marriage as an issue of sexual orientation, it's also an issue of gender. It is illegal for a state (and in most situations, even a private individual) to discriminate against anybody on the basis of gender, so marriage laws that discriminate on the basis of gender are obviously in violation of the Equal Protection clause of the Constitution.
2007-08-18 20:35:58 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The US Constitution deals with powers reserved to the Federal Government. Therefore, the Federal Government has no authority over marriage. That is within the power of each state to regulate. This is why some politicians want a Constitutional Amendmant to ban same sex marriages. That would grant that power to the Federal government.
For now, each state has to treat each group that is similarly situated equally. That means, if it grants the right of marriage to a man and woman, they must treat all men and women who want to marry eachother equally. That is the equality part of it. Since most states do NOT grant same sex marriages, they are not discriminating in the true sense of the word.
An example would be if the state allowed same sex marriages to men but not women, THAT would be an issue of equality. Not allowing same sex marriages, a right that is not guaranteed by any constitution, is not. Legally, states are not violating the Constitution by not allowing same sex marriage.
Constitutional issues are not as easy as many people think. Stating you have a right to do something does not make it so. I have no problem with same sex marriage. I would never support a law to ban them. And I would certainly vote for any attempt to legalize them. But how I feel about it is not important. I am not for compromising Constitutional guidelines for the benefit of one group or the other either. The law of the land must prevail. The people of the states must decide if they want same sex marriage. If they dont, they dont. If they do, they do. I am sure that in time, same sex marriage will be accepted everywhere. When? I dont know. But it will happen sooner or later.
2007-08-18 17:45:32 · answer #2 · answered by Toodeemo 7 · 2⤊ 0⤋
Marriage is not a creation of the law, but of custom and habit. No one "voted" to create or permit marriage. Everyone of legal age and not within prohibited ties of consanguinity or some other prohibitions can marry.
Under all state and the US constitutions, except for recent attempts to amend them, all rights not restricted to the federal government or the respective states are held by the people. So as a matter of equal protection, the state cannot say who may marry whom, with the exception (maybe) of the restrictions referred to above.
2007-08-18 17:40:20 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
Equal treatment under the law is gauranteed by the Constitution. So, if a state makes a law regarding marriage (frankly already on shakey ground as marriage is a religious practice), it should conform to that Constitutional gaurantee.
Whether that should be interpreted to mean that any two people, regardless of age, sex, race, religion, nationality, close genetic relationship or number of prior still valid marriages to other people, should be able to get married, is obviously debateable.
2007-08-18 17:42:11 · answer #4 · answered by B.Kevorkian 7 · 1⤊ 1⤋
No. Every man can marry the woman of their choice, age restrictions apply. There is no "right" to marry anyway. It's a state licensed activity with requirements set by the state. Just as there is a license needed to drive, practice medicine, and a host of other things. The people in a state (and society in general) has a vested interest in these sorts of things so there are basic requirements. The purpose of marriage is to provide a stable environoment to raise children in, and that's of vital importance to society. Bottom line is marriage is not a "right."
The guy above me is dead wrong. The marriage statutes enacted by state legislatures are very real. The Constitution did give the power to regulate legal contracts such as marriage to the states. Any real lawyer knows that.
Guy below me:
Why any "two" people? Why not 3 or 4? Or more? Why limit marriage partners to people only? Society does have a vested interest in something as important to raising children in marriage.
Kent in SD
2007-08-18 17:41:26 · answer #5 · answered by duckgrabber 4 · 0⤊ 2⤋
Yes
2007-08-18 17:33:46 · answer #6 · answered by gunplumber_462 7 · 2⤊ 0⤋
No that is incorrect.
Marriage when it was written ( and i agree with when it was written ) That it was defined as between a man and a women.
Not a women and a women or a man and a man.
Yes the Consitution guarantees freedom and equality, to all, but on the ideals of marriage it guarantees it to a man and a women. As it was originally defined
2007-08-18 17:35:12 · answer #7 · answered by lovelyinkedlady0613 4 · 1⤊ 5⤋
Regulating marriage is one of those powers left to the states.
2007-08-18 17:37:09 · answer #8 · answered by Anonymous · 2⤊ 1⤋
Want to direct us to the passage where marriage period is discussed in the Constitution?
2007-08-18 17:35:27 · answer #9 · answered by Anonymous · 1⤊ 2⤋
NO! Its referring to each American citizen as an individual. Not an act. That passage anyways.
2007-08-18 17:37:27 · answer #10 · answered by Anonymous · 0⤊ 1⤋