Comments on: Marriage Should Not Be Regulated by the Federal Government

By: JamesDegenhardt

JamesDegenhardt — Thu, 17 Jan 2013 02:23:43 +0000

“Marriage is not commerce, war, or taxation. It is unrelated to money, the post office, the patent system, or any of the other enumerated powers of the federal government.” No, it’s not. It is a fundamental Human Right that supersedes all other laws, and is one of those rights protected and defined under the 9th Amendment.

By: JamesDegenhardt

JamesDegenhardt — Thu, 17 Jan 2013 02:22:03 +0000

Loving v Virgina ring a bell? Per the 14th, the States cannot define marriage in any way that would deny a single American, consenting adult from marrying. Bans on interracial marriage didn’t even do that, yet they were found Unconstitutional. Defining marriage as between a man and a woman denies Intersex people the right to marry at all. Not to mention, if marriage is only a State’s issue, then who decides spousal benefits for military personnel? The State they were married in, the State they are stationed in, or the Federal government? Finally, consider that no State has the authority to refuse to recognize a legal marriage performed in another country, regardless if the marriage would be legal here. A brother and sister, or perhaps, a 50 year old man and a 12 year old girl.

By: dmellon

dmellon — Tue, 15 Jan 2013 05:12:37 +0000

We know for certain now that the Supreme Court is political so the betting is that they will not make a sweeping decision concerning gay marriage, but I think they could using the XIV Amendment’s equal protection under the law.