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View Diary: WHOA!! Gay marriage coming to Oklahoma & Kansas SOON? (65 comments)

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  •  Five things to consider: (2+ / 0-)
    Recommended by:
    merrywidow, thomask

    1) marriage is a relationship between two adult persons regardless of whether it is formalized or recognized by anyone else.

    2) agents of government are tasked with carrying out certain obligations, one of which is to make and keep public records of private and public relationships.

    3) record keeping is not a creative function. Birth certificates don't make babies and marriage certificates don't make marriages.

    4) there is a difference between providing a service and refusing to provide a service. A public service provider may or may not be tasked with performing the task, but, if asked, cannot deny the service to some people without violating the Constitutional requirement to provide equal treatment.

    5) comity requires that what is legal in one state be recognized as legal in all others. It's what made slave states and free states such a contentious issue.

    The issue is not about who marries, but about whose marriages are recorded.

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    by hannah on Fri Dec 27, 2013 at 03:04:09 AM PST

    •  This is slightly off topic (0+ / 0-)
      •  No, it speaks to the right to make a contract (1+ / 0-)
        Recommended by:
        hannah

        with another person, a legally binding contract and the government enforces contracts, so gay marriage should be legal on this basis

        without contracts there is no civil society

        "The poor can never be made to suffer enough." Jimmy Breslin

        by merrywidow on Fri Dec 27, 2013 at 06:24:49 AM PST

        [ Parent ]

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