Sunday, May 9, 2010

Could the US Congress create a law making Gay marriage legal everywhere in the USA? And would it be binding?

Could the Congress in theory, make such a law?





And if they could, and did, would it be binding all across America?Could the US Congress create a law making Gay marriage legal everywhere in the USA? And would it be binding?
good question, the congress are the ONLY ones that have the power to create laws, but the judiciary interprets them to mean whatever they feel the ';intent'; of it was. the constitution says two people, not a man and woman specifically. in this case, the supreme court could rule that gay marriage IS legal, but several states would have a problem with that because it would be a FEDERAL LAW. so the Supreme court will not ';preside'; over it until a time they see fit.Could the US Congress create a law making Gay marriage legal everywhere in the USA? And would it be binding?
It's already legal. It's not recognized as eligible for special benefits.





Here's an analogy. Farmers get special benefits in both states and federal government under tax laws. The fed could suddenly define a farmer as, let's say, including garbage collectors. The states could adopt the federal definition for their state tax benefits or not. So, if you were a garbage collector, the fed would call you a farmer and the state would not. All about getting special tax benefits.

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