Posted 07 June 2006 - 11:43 AM
Legally speaking, this issue is best handled by the states because of the 9th and 10th Amendments. The states, ever since the colonial times, have had the authority to set forth such civil documents as marriage, wills, etc. It was left to the states when the Framers did not include it in the powers delegated to the Constitution. In fact, it is the "Full Faith and Credit" clause of the Constitution which is the hang up. (See Art. IV, Sect. 1) Some states have gay marriage bans, other do not. But, if a gay couple from California move to Louisiana, which has a gay marriage ban, Louisiana would have to recognize their status due to the "Full Faith and Credit" clause.
I like what Charles Krauthammer said yesterday on FoxNews. This is now an issue because of the judiciary and the only branch that can solve it, reasonably, will be the judiciary in the form of the Supreme Court. This will probably happen when someone challenges a gay marriage ban and it works its way up to the SCOTUS. When they rule, the lower courts and judges (who gave birth to this issue) will have to abide by the ruling. An amendment is a terrible idea for the following reasoning: Right now, a large majority of the country (as evidenced by polls and the gay marriage bans) would favor such an amendment. It would pass, in the name of popular sovreignty. What about down the road, when the majority would favor gay marriage? The amendment would block them, forcing Congress to render the said amendment null and void. It would violate popular sovreignty of the future in the name of popular sovreignty of the present.
The judiciary is the only branch which can solve the issue.
Rose: [disgusted] Oh, look at what the cat dragged in: "The Oncoming Storm."
"Tomorrow is the most important thing in life. Comes into us at midnight very clean. It's perfect when it arrives and it puts itself in our hands. It hopes we've learned something from yesterday." -- John Wayne
Sometimes the best causes worth fighting for are lost causes. -- Me.
Formerly Known as "Lost Cause."