Skip to main content

View Diary: John Edwards will stand up for the Constitution! (380 comments)

Comment Preferences

  •  Marriage has historically (4+ / 0-)

    and Constitutionally been left to the states.  The Constitution comes into play where Equal Protection and Full Faith and Credit are concerned.  

    Equal Protection is where the action is.  In Iowa recently, a district court judge ruled that barring gay marriage violates the state equal protection clause.  The ruling has been appealed to the Iowa Supreme Court.  Basically, the state is required to demonstrate a rational basis for denying gays the right to marry.

    The reason states cannot bar "mixed marriage" between races is because it violates the federal Constitution's Equal Protection clause, and because discrimination based upon race is subjected to the strictest of scrutiny, which essentially means that there is usually no rational basis for states to discriminate based on race, and thus said discrimination is unconstitutional.

    The strict scrutiny level does not exist, as currently interpreted, regarding discrimination against gay marriage.  In a nutshell, a challenge would need to be levied that argues that gay marriage should also be subject to strict scrutiny, i.e. that the states have no rational basis for denying it.

    So, basically, until that challenge is successful, barring a Constitutional Amendment allowing gay marriage, it's an issue left to the states.

    One more thing...Edwards has said that he feels it isn't his place to force churches to perform same-sex marriages.  I agree with this separation of church and state.  Civil unions, which are "secular" marriages affording all legal rights of marriage, are unaffected by church doctrines.  

    •  He plainly said on MTP and ABCwGeorge that (0+ / 0-)

      he could not support gay marriage because of his religious upbringing.

      If you don't have an earth-shaking idea, get one, you'll love building a better world.

      by hestal on Tue Nov 06, 2007 at 10:08:56 AM PST

      [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site