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What Should the Government Do About Gay Marriage?

ABC News U.S. 2013/01/17 18:00:00
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The Supreme Court will hear two major gay rights cases this spring. One deals with a federal law, the Defense of Marriage Act, that defines marriage as between a man and a woman. It denies federal benefits to same sex couples who are legally married in their state. President Obama believes the law is unconstitutional, and his Justice Department has refused to defend it in Court.

But the Justice Department has not yet weighed in on the second case before the Supreme Court: a challenge to California’s ban on gay marriage. That case asks a much broader question: is there a fundamental right to gay marriage? While the Supreme Court could decide the case without reaching that constitutional question, court watchers wonder if the Obama administration will weigh in on that case.

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  • Joey 2013/01/17 20:20:07
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    Joey
    +47
    here is an idea .. if you don't like gay marriage; don't marry someone of the same sex. And leave other people the hell alone.

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  • Sofia Fernandes 2013/04/06 13:21:26
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    Sofia Fernandes
    It's their lifes... they should just let them be happy.
  • Phoenix2013 2013/03/08 01:52:42
    The issue of gay marriage should be left up to the states.
    Phoenix2013
    Government should stay out of all of it(again why is there not a none of the above option?). This is not a government issue state or national.
  • Oliver Presley 2013/02/20 03:21:57
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    Oliver Presley
    You can't be "illegally married" either way. From the choices I'd have to choose the fundamental right, though I would choose straight marriage should be de-regulated since it is a social institution anyway. It's none of the governments business, state or otherwise, who you marry, why, when, or how. People are moving this the wrong direction; why the hell would you want to pay someone you don't know to recognize something that only means anything to you and your friends and family?
  • Blastin... Oliver ... 2013/02/26 00:36:37
    Blastingcaps
    homosexuals cant produce children so therefore thier union is fruitless and simply a sexual perversion. Which i might add, i personally couldnt care less about. its none of my business. However, you cant truely call it marriage. You simply want to force people to see things as you do instead of how nature has ordained them. same sex screwing produces NOTHING but sexual gratification. Because of that it can not be truely be called marriage in the traditional sense. Sorry.
  • Oliver ... Blastin... 2013/02/26 02:03:20
    Oliver Presley
    So people who are sterile should not get married whether straight or gay? And married people who use birth control are simply partaking in a sexual perversion? Marriage is a social institution, if you choose not to recognize someone as married, that's up to you; either way, it's none of the governments business. Sorry.
  • Goo gle 2013/02/19 20:29:55
    The issue of gay marriage should be left up to the states.
    Goo gle
    +1
    The government should not get involved in social issues.
  • lulu 2013/02/17 06:54:19
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    lulu
    Because we're still asking something so unreasonable as this, it shows how incredibly closeminded people can be. It's none of their bussiness to be against someone's other marriage. I repeat SOMEONE OTHER. I'm slowely losing my faith in humanity. It's like arguing about patriarchy. I hope next generation will be smarter and i'm extremely disappointed to be born in this one.
  • J.L.Worley 2013/02/13 21:09:41
    The issue of gay marriage should be left up to the states.
    J.L.Worley
    +1
    This issue should be dealt with state governments, but I personally believe that same sex marriage should remain illegal.
  • ScottM 2013/02/08 13:25:01
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    ScottM
    Here's how to fix it. Of course I'm sure not many people will read this, and those that are already married will not like it.

    Change marriage in the eyes of the law to civil unions, and keep marriage as a religious union. This negates the whole religious debate, which shouldn't even be because of, you know, separation of church and state.

    Everyone that is married is now considered to be in a civil union and has all of the rights afforded by the federal and state governments. If the couple is religious, then they can have a marriage, which offers NO federal or state rights or benefits, but is more for their religious peace of mind.

    Problem solved. Now DO it!!!
  • Ethan T 2013/02/03 05:22:27
    The issue of gay marriage should be left up to the states.
    Ethan T
    Despite the overwhelming public opposition to and known facts about the gay lifestyle, sodomites will win the right not only to "marry" the same sex, but also procure children and create their own frankenfamilies of half-siblings by masterbating into a cup together, then inseminating a woman with this vile mixture, and then taking away her baby after paying her for it.
  • ScottM Ethan T 2013/02/08 13:29:32
    ScottM
    Known facts? What are these facts of which you speak? Shouldn't you keep your religion out of my government as was originally stated, in different words, by our forefathers? If I can't legally use a bullet to take your rights away, why should you be able to use your religion? Why don't you start acting more Christian and be more kind to your fellow man and caring about their struggles and strifes? I'm sure that if this were the early 1900's you'd also be against integration and women's rights.
  • ScottM Ethan T 2013/02/14 18:36:03
    ScottM
    I still don't have an answer about your "known facts". Inquiring minds want to know.
  • barry.w.bruington 2013/02/02 04:40:15
    Same sex couples have a fundamental right to marry under the U.S Constitution.
    barry.w.bruington
    If same sex people have a desire to marry it affects me in no way and its the same for anyone else. Hey this hurts no one absolutely no one why would anyone be against this. Even if you are a religious nut case and actually believe jesus walked on water, or noah built a boat large enough to hold millions of species, and had the time in one life time to travel to all the continents of our planet and gather up all those species and enough food for them, well if you believe this you are an idiot and very ignorant to. Even if you believe in religious nonsense same sex marrige does not have any effect on your life other than in your ignorant little head. Any one against same sex marrige I want to know how 2 men or 2 women getting married can affect your life ? Thank you !
  • Ethan T barry.w... 2013/02/03 05:32:04
    Ethan T
    +1
    No effect upon me personally, but it does most certainly harm the innocent children that gays seek to procure. No one cares what consenting adults do with each other, but let's not not permit children to become victims of this lifestyle.
  • Edward 2013/01/30 11:26:30
    The issue of gay marriage should be left up to the states.
    Edward
    +2
    I'm opposed to gay marriage. Here we have a crashing economy, rising debt and people out of work caused by our liberal leader, and they're all more concerned with getting gays to marry. This is so completely secondary. Marriage is between a man and a woman. I don't know why so many progressives are so concerned about it. I'm for a traditional America.
  • coley p... Edward 2013/01/31 15:17:25
    coley purvis
    +3
    If you are opposed to gay marriage then do not get one! Have you seen the statistics of divorce rate in Anerica? Gay couples cobtribute more disposible income to help the economy than conservative hetero couples who are breeding machines and can not take care if their families, chiildren- or themselves. How many "so called straight couples lost homes to forclosure vs gay couples. Should be an interesting study.
  • Edward coley p... 2013/02/01 11:08:06 (edited)
    Edward
    +1
    Conservatives are not the ones who have babies they can't take care of. Those are trash people that liberals support. And i'm sure gay couples also contribute to the number of child molestation
  • barry.w... Edward 2013/02/02 04:58:04
    barry.w.bruington
    Oh edward you are wrong again, I was molested at 11 years old by my step dad, and molested again at 13 by a friend of my cousin who liked to take all the young boys out hunting or fishing. I have known many gay people and I found them to be very intelligent and the type who would never harm a child. So your comment " im sure gay couples contribute child molestation " Is totally ignorant !
  • Edward barry.w... 2013/02/10 02:15:38
    Edward
    I didn't say all. I just said I'm sure the molestation rate would go up if there were gay marriage and they were allowed to adopt. And usually straight people who molest are the ones who have been in jail
  • ScottM Edward 2013/02/08 13:38:48
    ScottM
    I'm sure that if there were an actual, unbiased study, you would find that most molestations happen by straight people, some of which claim to be just as religious as you. I would go to venture that most broken homes are caused by straight people.
  • Crystal... Edward 2013/01/31 15:24:46
    Crystal Hankerson
    +1
    If we are a country that truly believes in God, then gay marriage is a decision that does not belong to the state or the government, it means doing what is right by God. And God's view is that marriage of the same sex is being disobedient, Romans 1: 26-27. When we obey God, we are surely blessed. Belief in righteousness through our faith in our Lord and savior Jesus Christ is the right way to go.
  • Edward Crystal... 2013/02/01 11:09:32
    Edward
    It has always been up to the states/government
  • barry.w... Crystal... 2013/02/02 05:15:27
    barry.w.bruington
    +1
    Crystal so you know "gods word" Hey its a fact men wrote the bible many different men. Not one of them has ever talked to a god. Do you believe the story of peter pan ? Do you believe in the tooth fairy? Or maybe even santa ? The bible has a few facts and many fairy tales, lets take a virgin getting pregnant, it can not happen, mary was either artificially inseminated or she got some dick, the latter more likely in her time. We know how our planet was made, we know the age of our planet,we know what made the stars in our night sky, it was hydrogen and this is a fact. Ignorant religious folk often will say about any thing science that " oh its just a theory " well these people dont understand this concept. I will explain, for 300 years newtons math on gravity was called newtons laws of gravity and in most cases they are still correct, but one man named albert einstein figured out that there were flaws in newtons laws, so now most things scientific are called theories, even though einsteins math and theories have been proven correct thousands of times in thousands of tests his discoveries are still called theories. There are hundreds of seperate christian faiths, hundreds or thousands of different religions the christian faith not the largest. so whos faith is the correct one ? All the different religions cant be right no they cant all be right for they all differ, they cant all be right but surely they can all be wrong !
  • astaris... Crystal... 2013/02/04 06:54:05
    astarisborn94
    +1
    Politics should not be bound by religion. There are places where religion belong, like in a place of worship or a personal relationship with who they deem as a creator of the universe. Where it does not belong is in politics. Politics needs to take a neutral stance towards religion because too much influence can be disastrous.
  • ScottM Crystal... 2013/02/08 13:45:48
    ScottM
    Separation of church and state. Your religion should have no say in my rights as a human citizen.
  • Edward ScottM 2013/02/10 02:03:20
    Edward
    Well it always has, why change it now?
  • ScottM Edward 2013/02/14 18:32:15
    ScottM
    Weapons have always had a say in the rights of human citizens, so why not be able to shoot whoever you want?
  • barry.w... Edward 2013/02/02 04:53:04
    barry.w.bruington
    Dear Edward yes we have a poor economy,rising debt,people out of work,but our president is not to blame. what we need is to rid ourselves or crazy republicans who believe in god and jesus and get rid of most of democrats to. If we had people in congress who had brains instead of stupid beliefs we may get some where. I say to be a member of congress you have to be a physicist or have a doctorate in some science other than christian science or scientology. I dont want a president who is lawyer and good at talk or disputing which is usually what we get. Science and common sense is the way to a future which will benifit us all.
  • Edward barry.w... 2013/02/10 02:08:00
    Edward
    Oh yeah, like the whole global warming. Obama is going to help us by pouring billions more into the environment-crazy movements. And yes, the president is to blame. He had two years to do whatever he wanted when the democrats were in complete power. You really think we need more people liek Al Gore who don't think helping the economy is important, but maing himself billions by going on global warming tours. It is Obama's spending and tax increases that has put us where we are today. No it wasn't great when Bush left, but Obama has made it worse. And so far I don't think science has helped us much. Just made crazy tree-hugging liberals bundles of money and put fear into little kids
  • ScottM Edward 2013/02/08 13:35:52
    ScottM
    Think of how much gay marriage registries could help out the economy and gay baby showers.

    With that said here's an idea. Keep marriage as a religious union, one where you can go to your church to become married, and change marriage in the law to be called civil unions. That way you can keep marriage as the religious institute that you want, and we can all have civil unions that would afford the same federal and state benefits to everyone, thereby keeping all men, and women, created, equal.
  • Edward ScottM 2013/02/10 02:08:44
    Edward
    We already have civil unions dont we?
  • ScottM Edward 2013/02/14 18:39:05
    ScottM
    Some states do recognize civil unions between two men or two women. However, change your federally recognized marriage into a civil union, make all federally recognized marriage benefits changed to effect civil unions, and make marriage a religious institute only, with no federal benefits, and this whole issue is fixed. Everyone gets what they want.
  • robin friedman 2013/01/28 22:31:04
    The issue of gay marriage should be left up to the states.
    robin friedman
    The Supreme Court ruled on this issue some years ago by upholding a state court decision finding no right to same sex marriage. (Baker v. Nelson was a decision on the merits and binding, not simply a denial of review.) The Baker decision was correct. State court decisions finding a right to same sex marriage under state constitutions have overstepped, got ahead of the Federal courts, and resulted in much of the problem. Scholars disagree about judicial interpretation -- in terms of strict construction or what have you. I am aware of no decision that says the court has the power to find a constitutioal right simply on the basis that social mores allegedly have changed. Such changes, if any, should be reserved to political branches of government -- legislatures, referendums. I do think it relevant that there is no legilsative history of the 14th or other amendments suggesting that gay marriage was within its scope. On a question where people have strong moral feelings on both sides, and a long history, the Court should not intervene and constitutionalize one position with the attendant demonization of people whohold the contrary view. We have seen a demonization of the intellignence and honesty of those who oppose same sex marriage, even though their positon has been held in good faith for cenhturies. The Supreme Court should hold that there is no constitual right to same sex marriage. Thanks for the opportunity to discuss. Robin Friedman, Washington dc.
  • sonofason 2013/01/26 22:37:17
  • TheDevian sonofason 2013/01/28 02:50:48
    TheDevian
    You are absolutely wrong, on both counts. A) Church and State should be separate, and B) equal rights is NOT a state issue, as a matter of fact it is against the constitution for a state to have laws that discriminate against certain groups of people.
  • sonofason TheDevian 2013/01/28 02:57:43
  • TheDevian sonofason 2013/01/28 04:06:28
    TheDevian
    +2
    But it isn't about that (nor 'anything extra'), it's about marrying the person you love and want to spend the rest of your life with, not about the gender of the other person.
    You don't have to give it to them, they have it by way of the constitution and bill of rights already, it's just a matter of recognizing that fact. (part of our Fundamental Rights, not to mention, 'Life, Liberty and the Pursuit of Happiness')
    How would you feel if you were told you couldn't marry the person (read 'consenting adult') you loved?
    If you don't like Gay Marriage, fine, don't have one, but you don't have a right to stop them from perusing their happiness, what they are doing harms no one and they do, in fact, have that right. Just like you have a right to marry who you want to (assuming they are a consenting adult and they do so consent) and pursue your happiness, as long as it doesn't harm others. What they do, in the (Right to) Privacy of their homes, is their business, not yours. Just like I don't have a right to tell you how to live your sex life and how you should pursue it, or not...
    You have a right to practice your religious views, but you DO NOT have the right to push those views onto other people, and you especially do not have the right to get laws passed based on those religious views (separation of church and state).
  • sonofason TheDevian 2013/01/28 04:10:40 (edited)
  • TheDevian sonofason 2013/01/28 05:22:10
    TheDevian
    +4
    Keep your god out of my laws. Marriage has been around far longer than your religion, and it has nothing to do with the rights associated with a lawful contract of marriage. Your church can choose not to marry gay people, fine, no problem, but that doesn't mean they don't have the right to a legal marriage under the law, with all of the same rights as everyone else.

    Maybe if more people married for love instead of some demented form of duty then more of them would be happy marriages that last and almost half of them wouldn't end in divorce!

    If you vote for someone who will 'uphold the constitution' then they will have to vote for gay rights, because discrimination is anti-constitutional.

    You say Gay Marriage harms children, well I say your bigotry and your religion do more harm to children than anyone's marriage. Discouraging thinking, promoting bigotry and fear, and denying science (not to mention all of the people who are harmed every day by religions since they have been conceived) do far more harm than what two people do in the privacy of their bedrooms. There is absolutely NO proof that gay marriage harms anyone or anything. Yet more people have died in the name of religion than just about anything else.

    Did you know that the Christian Church used to have a gay marriage ce...





    Keep your god out of my laws. Marriage has been around far longer than your religion, and it has nothing to do with the rights associated with a lawful contract of marriage. Your church can choose not to marry gay people, fine, no problem, but that doesn't mean they don't have the right to a legal marriage under the law, with all of the same rights as everyone else.

    Maybe if more people married for love instead of some demented form of duty then more of them would be happy marriages that last and almost half of them wouldn't end in divorce!

    If you vote for someone who will 'uphold the constitution' then they will have to vote for gay rights, because discrimination is anti-constitutional.

    You say Gay Marriage harms children, well I say your bigotry and your religion do more harm to children than anyone's marriage. Discouraging thinking, promoting bigotry and fear, and denying science (not to mention all of the people who are harmed every day by religions since they have been conceived) do far more harm than what two people do in the privacy of their bedrooms. There is absolutely NO proof that gay marriage harms anyone or anything. Yet more people have died in the name of religion than just about anything else.

    Did you know that the Christian Church used to have a gay marriage ceremony? That's a Fact. There are ancient records of it all over Europe.

    You know what else is an 'abomination unto the lord' according to that same old testament passage? Eating Shellfish and Shaving! You gonna vote for people to outlaw those too? I am sure the good people at Red Lobster and Bic might have something to say about that...

    The Bible also tells you to live and let live, turn the other cheek, that sort of thing, you know, love thy neighbor. Part of that includes wanting them to be happy and not condemning their way of life. The Dead Sea Scrolls tell you to avoid the pagans, not to have anything to do with them, which would also include not forcing your lifestyle onto them.

    Bigotry is an ugly thing and it harms us all.
    (more)
  • sonofason TheDevian 2013/01/28 22:37:40
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