uncollapse
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Oh wait... there is a loop hole. A gay couple could be married in one state and single in another state, if that state does not recognise their marriage. Would this pose a problem?
If the OP were truly curious, he would visit the campaign website that discusses the issue, or do a google search. But, that was not the purpose of this thread. The purpose of the thread was to make fallacious straw man arguments to cause a disruption.
Oh wait... there is a loop hole. A gay couple could be married in one state and single in another state, if that state does not recognise their marriage. Would this pose a problem?
Gay Marriage Quicksand
The President’s recent announcement that he supports a constitutional amendment defining marriage has intensified the gay marriage debate. It seems sad that we need government to define and regulate our most basic institutions.
Marriage is first and foremost a religious matter, not a government matter. Government is not moral and cannot make us moral. Law should reflect moral standards, of course, but morality comes from religion, from philosophy, from societal standards, from families, and from responsible individuals. We make a mistake when we look to government for moral leadership.
Marriage and divorce laws have always been crafted by states. In an ideal world, state governments enforce marriage contracts and settle divorces, but otherwise stay out of marriage. The federal government, granted only limited, enumerated powers in the Constitution, has no role whatsoever.
However, many Americans understandably fear that if gay marriage is legalized in one state, all other states will be forced to accept such marriages. They argue that the Full Faith and Credit Clause of the Constitution essentially federalizes the issue; hence a constitutional amendment is necessary.
But the Defense of Marriage Act, passed in 1996, explicitly authorizes states to refuse to recognize gay marriages performed in other states. Furthermore, the Supreme Court repeatedly has interpreted the Full Faith and Credit clause to allow Congress to limit the effect of state laws on other states. In fact, federal courts almost universally apply the clause only to state court judgments, not statutes. So a constitutional amendment is not necessary to address the issue of gay marriage, and will only drive yet another nail into the coffin of federalism. If we turn regulation of even domestic family relations over to the federal government, presumably anything can be federalized.
The choices are not limited to either banning gay marriage at the federal level, or giving up and accepting it as inevitable. A far better approach, rarely discussed, is for Congress to exercise its existing constitutional power to limit the jurisdiction of federal courts. Congress could statutorily remove whole issues like gay marriage from the federal judiciary, striking a blow against judicial tyranny and restoring some degree of states’ rights. We seem to have forgotten that the Supreme Court is supreme only over lower federal courts; it is not supreme over the other branches of government. The judiciary is co-equal under our federal system, but too often it serves as an unelected, unaccountable legislature.
It is great comedy to hear the secular, pro-gay left, so hostile to states’ rights in virtually every instance, suddenly discover the tyranny of centralized government. The newly minted protectors of local rule find themselves demanding: “Why should Washington dictate marriage standards for Massachusetts and California? Let the people of those states decide for themselves.” This is precisely the argument conservatives and libertarians have been making for decades! Why should Washington dictate education, abortion, environment, and labor rules to the states? The American people hold widely diverse views on virtually all political matters, and the Founders wanted the various state governments to most accurately reflect those views. This is the significance of the 10th Amendment, which the left in particular has abused for decades.
Social problems cannot be solved by constitutional amendments or government edicts. Nationalizing marriage laws will only grant more power over our lives to the federal government, even if for supposedly conservative ends. Throughout the 20th century, the relentless federalization of state law served the interests of the cultural left, and we should not kid ourselves that the same practice now can save freedom and morality. True conservatives and libertarians should understand that the solution to our moral and cultural decline does not lie in a strong centralized government.
So this is indeed true. RP wants to ban gay marriage. How can one defend his position from a libertarian standpoint?
This is already happening with some states recognizing same-sex marriage and others not. You retain none of your previous rights in the intolerant state.
So, should this be a State business or a Federal business?
Under RP administration, we would have 25 state that allows gay marriage, 25 states ban gay marriage. We would have 25 states allow abortion, 25 states ban abortion. and 25 states ban drugs, 25 states allow drugs. 25 states ban smoking, 25 states allow smoking. 25 states ban guns, 25 states allow guns. etc.. etc... Sound pretty to meway to spice things up. Why don't we divide america into 50 countries?
better yet, why don't we go invade Mexico and make them comply with our wishes on gay marriage, abortion, and a whole bunch of other social issues.
I figure if we want to intervene in one government, why simply stop at state lines?
Under RP administration, we would have 25 state that allows gay marriage, 25 states ban gay marriage. We would have 25 states allow abortion, 25 states ban abortion. and 25 states ban drugs, 25 states allow drugs. 25 states ban smoking, 25 states allow smoking. 25 states ban guns, 25 states allow guns. etc.. etc... Sound pretty to meway to spice things up. Why don't we divide america into 50 countries?
I don't think it would break down quite that way. And in any case, I'm not sure whether you realize this, but states and especially cities already have many differing laws on a myriad of topics. That is a good thing. Why? Because if I don't like living in Washington D.C. I move to somewhere else. If I don't like the laws of USA, where do I move? Canada? Mexico? Maybe so, but it is a lot harder.
I think it could be done, it would be a better cost/return investment than Iraq, I mean, they're closer, maybe we could accept some of their states as ours (Mexico is also a federation). Better have a constitutional North American Union than an unaccountable one (of course we'd have to make some compromises with Canada, universal health care and decriminalized marijuana doesn't sound so bad).
Yeah, just think of the pro-slavery citizens of the South, where will they go?
What is your point? I was only pointing out that being able to choose a state or city in which to live that more closely matches one's political philosophy is overall a positive, not a negative.
wow. confusing answer. Federal should be out of it. State should be out of it. Look in the dictionary.