Do you have a LEGAL argument against gay marriage?
Find answers to your legal question.
Do you have a LEGAL argument against gay marriage?
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The US Supreme Court has held that Marriage is a fundamental right (Loving v. Virginia). If something is a fundamental right the court must apply strict scrutiny. Strict scrutiny requires that the government has a compelling government interest in prohibiting the conduct. The restriction on the fundamental right (marriage in this case) must be narrowly tailored by the least restrictive means to further the compelling interest.
Please only legal arguments. What is the compelling GOVERNMENT (not religious) interest in prohibiting gay marriage? If you have a compelling interest can you come up with a way to tailor a law that would be least restrictive on the fundamental right to marriage?
Just curious on some legal thought on the matter. If this ever does get to the Supreme Court they will likely have to apply strict scrutiny so this will be the inevitable analysis.
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The fact that voters have approved of an unconstitutional practice is not a compelling interest.
Separation of church and state has never been held to be a compelling government interest either. You are confusing constitutional principles. So long as the government does not force churches to marry people they don't want to there is no establishment or free exercise issues raised. I highly doubt religion has a complete monopoly on the word marriage.
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rac
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My argument is one of simple legal definition. All terms in laws have to be defined so that the people know and understand the terms of the law. Both sides of the case know what is being argued because they have the same definition of terms. Marriage has never before been defined because it was not needed, it was clearly understood. Marriage always has been, still is and always should be one man with one woman as clearly understood by common law. For the modern activists to come along and intentionally redefine the term for their own benefit is unacceptable. Marriage is what it is and should always remain so. Any other union or relationship not meeting the definition of marriage should be given some other appellation. You can call it a domestic partnership or cohabitation contract or whatever, just don't call it marriage because it does not fit that definition. This is not a case of discrimination against anybody. All people are free to marry as guaranteed by the constitution, one of the fundamental rights as you have stated. All they have to do is meet the qualifications or requirements of marriage, like anybody else has to do. If they don't meet that requirement, then they may qualify for one of the other living arrangements provided by law.
This application meets every legal requirement. |
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Time travler
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In California, the voter spoke and they said very clearly that they disapproved of gay marriage. Unfortunately, the courts,, no doubt are trying to overturn the will of the people. All I can say is every time the courts overturn the will of the people, it makes the people much less inclined to even bother to vote. The courts should not have that right as it infringes on the rights of the people. Enough said! |
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the Hammer
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Yes.
Church and state should be separated. And, as "marriage" is a religious term, it should not be used by the government at all, for anybody. If people married before God want to call themselves "married", fine, but as far as the state or federal government is concerned, EVERYONE should be called a union of some sort.
Only real way to separate church and state on the grounds of partnerships, while respecting everyone rights and religions.
edit. Sorry, I thought you were looking for varying answers...not people to argue with. My mistake. |
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wiseolguy
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Yes I do...It fails at the ballot box.Is that legal enough ? |
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rightwing radical 1
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no it is a 10th amendment issue what is not covered in the constitution is the jurisdiction of the states. So If a state wants to have gay marriage so be it. but by the same token if a state doesn't want to have it legal it is their right. |
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