Gay Marriage, unconstitutional?

Question

I believe that banning gay marriage is unconstitutional. In our constitution, it clearly states *in the establishment clause*
"Congress shall make no law respecting an establishment of religion...."

So why can't homosexuals get married?
And doesn't this ride the line of discrimination?

Answer 1

Here is the deal: with current state and federal laws, banning gay marriage is unconstitutional. It is discrimination... and yes it is that simple.

Some ppl argue that 'marriage' is defined between a man and a woman and has no legal barring because it is religious. This would be true EXCEPT that the state steps in and recognizes that religious ceremony... validating it and applying special rights to the recipients.

There is a simple solution that the gay community has offered to those that INSIST the state or federal government should never recognize gay marriage = the state no longer recognizes ANY marriage.

This means the federal and state govt.s no longer give any special rights to ppl married. The man and woman that marry can still have the grand religious ceremony in their churches.. their holy bond under God... etc... just no more special rights that the states give to them and not gay ppl.

Seems like a fair solution to me.

Answer 2

What does marriage have to do with religion? Of course, the opponents of gay marriage are doing it for religious reasons, but that is irrelevant as far as the law is concerned. Marriage is basically a system where the government recognizes certain unions of people and gives them special rights and privileges. Religion has nothing to do with it.

If you want to see the parts of the constitution that HAVE been used to try and oppose gay marriage bans, look at the 14th amendment due process and equal protection clauses. If ever a federal court finds a gay marriage ban unconstitutional, it will be based on one of those clauses.

Answer 3

Based on your thesis, the government has no place in recognizing any marriage, regardless the definition of it's parties. Based on historical contexts it s a religious concept altogether. At one time the needs of a Woman were considered secondary and the Government wasn't in the business of redistributing Tax monies. As for people who wish to dissolve their union, why such a rigmarole? Here in Florida it has only recently been changed to allow just one spouse to ask for a divorce. I also believe the concept of alimony to be absurd as a grown adult should not be handed someone else's money because they shared it at one time. Under current law, it two people wish to have joint ownership of assets, they may do so. Through Power of Attorney they may empower any person a living will and survivorship rights. Just because the Government makes all this too easy for Heterosexuals to do through a simple license it does not validate the process. I think there would be a great business opportunity for a Lawyer to set up a whole union package. Pair that with a nice family ceremony at the UU & Vola! As far as your friends, family, lawyer, & doctor are concerned, you are Married. The only thing you can't do is file a joint return, but that is a moated idea anyway.

As you may see, I oppose Gay Marriage, but not for the reasons many people assume. You are free, do as you with without trespass, just don't ask me to pay for it (and I really don't want you to pay mine either!)

If the Government is still worried about the whole 'supporting the family' thing, all they need to do is issue family benefit per child. As for promoting traditional marriage, you are spot on, it is discrimination and a religious endorsement. If you want to promote Heterosexual marriage, and I personally do, then donate money for an ad campaign & keep the taxpayers out of it.

God Bless & Good Luck!

Answer 4

gay marriage could be unconstitutional on condition that it violated a clause of the two the US shape, or the shape of the desirable State. i don't think any State has written a ban on gay marriage into their shape. gay marriage is, besides the undeniable fact that, *unlawful* decrease than Federal regulation, and the regulations of many States. those are States that, like California, have exceeded a regulation (not a Constitutional substitute) banning gay marriage. the coming near CA appropriate courtroom case would not ask "Is gay marriage unconstitutional?", it asks "Is the regulation that bans gay marriage unconstitutional?". Richard

Answer 5

First, marriage is a legally binding contract that is not dependent on any religious belief, in terms of the law. Therefore, your quote would not apply for marriage.

Secondly, marriage is defined as being between a man and a woman. To allow homosexuals to "marry" would require redefining marriage.

I propose replacing "marriage" with "civil union" in all the law books. That way homosexual couples can have all the same rights as heterosexual ones do.

Answer 6

This was not an open issue when the constitution was written. Any attempt to find where the writers addressed gay marriage is a real stretch.
The Constitution has always been flex able due to current politics and the makeup of the Supreme Court. I think what is being sought is anything in the document that would stand in the way of gay marriage, and I don't think it will be found.

Answer 7

As far as government marriages go, they have no right to keep gays from getting married. As far as church marriages go, the church, being a private organization, can do whatever it wants. If it doesn't want to marry gays, so be it.

But seriously, gay people are people just like anyone else, therefore they don't get rights by being gay. They get rights by being living people, the same as all the straight people do.

Answer 8

Why does anybody care WHAT gay people do? Just let them be! It's not hurting you, is it? Does it make your own marriage any less of a marriage? There are much bigger problems to worry about. Jeez!

Answer 9

No it,s not unconstituitional...It,s just wrong...It,s agaist mother nature....You don,t see male cows doing each other do you?But what ever...At least they can,t reproduce!!!!!!Let,em get married...I don,t care...I lived in san francisco for 20 years and there are some really weird people there!!!!!They don,t bother me unless they are flamers and flaunt it...They hve their gay parade ..When is the hetrosexual parade!!!!