July 01, 2003

Gay marriage and states' rights

Jan as Secular Blasphemy has a very well-written article about Sen. Bill Frist's declaration of support for an anti-gay marriage amendment. One of his visitors commented that marriage is a states' rights issue and what marriages are valid should be left up to the state.

I can, to an extent, understand the "state's rights" aspect of the issue, except that because of how mobile our society is, having a patchwork of laws regarding what kind of marriages are valid from one state to the next would become problematic as couples married in one state, and then moved to another which may or may not consider their marriage valid.

As it stands now, each state is required to recognize as valid any marriage that is considered valid in the state where it was performed, with the exception that they don't have to recognize a gay marriage if any state should choose to legalize them, thanks to DOMA.

The thing is, thought, under that kind of a system, a gay couple could find themselves having to decide between, say, staying in a state where there marriage is legal and recognized, where they can enjoy inheiritance rights, the ability to be considered 'next of kin' for each other when it comes to medical decisions and the other benefits of legal marriage, or being able to accept a promotion with their company (or a better job with a new company) that might move them to a state where their marriage would be considered void.

True, they wouldn't be forced as to which way to choose - they do have an actual option there - but it's a choice heterosexual couples are protection from having to make, as the law requires all states to recognize each other's heterosexual marriages. Otherwise, you'd most likely see interracial and interfaith couples faced with choices like this, as there are some states that I have no doubt would still have laws banning such on their books.

Posted by thorswitch at July 1, 2003 06:33 AM | TrackBack


Comments

I am not in favor of banning gay marriage. Under the Universal Declarationof Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Fria San Diego at September 18, 2003 05:12 AM

I am not in favor of banning gay marriage. Under the Universal Declarationof Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Fria San Diego at September 18, 2003 05:12 AM

I am not in favor of banning gay marriage. Under the Universal Declarationof Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Fria San Diego at September 18, 2003 05:12 AM

I am not in favor of banning gay marriage. Under the Universal Declaration Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Ben Affleck at February 12, 2004 01:14 PM

I am not in favor of banning gay marriage. Under the Universal Declaration Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Jennifer Lopez at February 12, 2004 01:17 PM

I am not in favor of banning gay marriage. Under the Universal Declaration Human Rights, all people have the right to marry and found a family. Gay people remain as people, as equal, as dignified and as human as anybody else, and should likewise be permitted to contract marriage into another person of his wish.

Posted by: Bennifer at February 12, 2004 01:20 PM

Debbie Marks,SanAntonio TX

I, Don't think people understand the seriousness of this matter

We as of today do not know what causes people to be gay ...If its a problem
in the brain or just plain being a rebel ..maybe it's not a problem at all
. ...Until we find out what causes gayness "we don't need to legalize it"

Posted by: Debbie Marks at February 22, 2004 02:08 PM

Gay marriage should be the decision of individual states and not of the federal government. The federal government does not have the right to override state constitutions!

Posted by: Do,a at March 19, 2004 10:16 PM