Sunday, May 9, 2010

Why is marriage considered a state right?

Why are states given the power to issue marriage licenses? According to the Constitution, individual state jurisdictions travel state lines, meaning a gay marriage/civil union recognized in one state that permits it must be recognized in all states. Wouldn't it be much easier to federalize marriage/civil unions?Why is marriage considered a state right?
Power is not given to the states. Certain powers were given to the Federal Government. If the power is not specifically given to the Federal Government it is reserved in the States. Power over such things as drivers licences, licensing of doctors, lawyers, contractors etc, speed limits...all things not SPECIFICALLY given as powers to the Fed are up to the states to regulate and/or control. Of course, the Federal Government has ways to influence certain things. The National Speed Limit for instance was lowered to 55 in the late seventies because the Fed threatened to take away highway funding from states that did not enforce the limit. Some states, like Montana, told the Fed to stick it. Since speed limits are not specifically controlled by the Fed, the states do not have to recognize Federal concerns and the Fed cannot force new laws without some form of coercion.





Justice for all.





Anyway, in order for the Federal Government to regulate marriage, that power must be given to the Fed by the states. This is done via Constitutional Amendment. With the trend moving in favor of gay marriage and a growing number of states seeking to regulate their own definitions of marriage, the it is unlikely that will happen. And that's a good thing. Because the REAL issue isnt gay marriage or anything of the sort. The REAL issue is the willingness of some people to give up individual liberty for some political concern that should never rise to the level of Constitutional scrutiny.Why is marriage considered a state right?
Marriage affects the civil status of a person. Thus, the state have the right to give licenses for regulatory purposes.
Yes and No.





Each state has other laws involved in marriages. Ages vary from state to state-some allow teens to marry with parental consent while others require that you must be 18 to marry. Working out a consensus about what will be allowed and what won't is going to be a nightmare. Then it will be struck down as unconstitutional.





The other big stumbling block is that line in the Constitution which says that power or right not granted to the Federal government or individual is retained by the states.
Ugh. I absolutely do NOT want the federal government involved in defining marriage. States are bad enough.

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