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Gay marriage raises questions about legal rights, constitution

April 6, 2013

However the Supreme Court decides on the two same-sex marriage cases that were argued recently, the issue will not be resolved forevermore. In one case, United States ....

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Apr-06-13 5:35 AM

"The issues in these two cases are basically unprecedented before the Court, because sexual preference has never been defined as a factor in the case law, Rieders said."There's nothing in the U.S. Constitution that can reasonably be read as providing a constitutional right for same-sex couples to marriage, and nothing in the constitution that would prohibit a state from saying who can marry. "There's no case that's ever found the equal-protection clause (in the Fifth and Fourteenth Amendments) protects same-sex relationships," Rieders continued. "It has been interpreted to protect race, color, creed, and nationality. If the Court wants to say we want to rewrite Constitution to include sexual preference they can, but it would be a change.""

Interesting point.

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Apr-06-13 8:20 AM

States can even establish their own official religion providing it does not restrict the right of citizens to practice whatever religion they desire.

States have wide latitude that the federal gov't does not.

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Apr-06-13 11:19 AM

Wouldn't this fall under seperation of church and state?

Could there be "religious" marriages and "legal" mariages?

I agree, the bible does tell us a man and a woman. It also tells us that the death of a spouse is the only reason for another marriage.

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Apr-06-13 1:32 PM

These issues are really outside of the separation of church and state issue. To use your term, only "legal marriages" are recognized by the government. Any heterosexual couple can currently get a civil marriage with a judge, and states also license religious officials to confer legal marriage at the same time as their religious service marriages. Churches can currently refuse to marry any couple. For example, divorced people are allowed to be legally married and can do so with any justice of the peace. The Roman Catholic church won't give official weddings to divorced people who have not had an official church annulment, and no state forces them to marry divorced people. Similarly, states that allow gay marriage do not require any church to do them, rather allowing churches to do it or not do it.

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Apr-06-13 8:48 PM

I don't see from this article how mixed race marriages differ from same sex marriages. It seems to me that whatever protections are afforded mixed race marriages also apply to same sex marriages.

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Apr-06-13 8:49 PM

"We're able to be on her benefits, we're treated like a married couple through her company," Rebecca said. "If she was to pass away tomorrow, her parents could come and take everything and decide what to do with her body. If she wants to take our son to the doctor, I have to write up a long sheet to say, 'Please, let her make decisions.'"

Does this person not have a will that would leave everything to her partner? No will to stipulate what she wants done weith her body after death? No notarized power-of-attorney for child care?

Until they are able to marry, not having these documents is not very smart.

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Apr-07-13 7:37 AM

"Does this person not have a will that would leave everything to her partner?"

The point with the lawsuit is that when a married person dies, unlimited amounts of assets can be willed to your spouse without paying estate taxes. No will or private contract can replicate that tax benefit except marriage. Keeping same sex couples from marrying treats them unequally in that regard.

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