emilynghiem
Constitutionalist / Universalist
There is nothing to stop counties or states ending the practice of issuing marriage licenses. In the states that recognize common law marriage a license isn't necessary.Before there was a centralized government that oversaw all functions, churches recorded events important to their congregation.
So?
The suprene court ruled that same sex couples cannot be denied a marriage license. If gays want common law marriage too, they will have to ask the court for another ruling.
Sure there is. The Obergefell ruling. Which finds that a state must issue a marriage license to same sex couples. Here's the questions the Obergefell ruling answers:
1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
And the Supreme Court answered yes to both questions. So a State is required to license a marriage between two people of the same sex....but they don't have to issue a license to two people of the same sex?
Um, that dog won't hunt. You're clearly wrong.
Dear Skylar
If you base what is Constitutional and justified as lawful on what Courts say,
then slavery would still be in effect. There was plenty of cases
where property laws were enforced by Courts, and any Slave
freed "illegally" would have to be returned to the rightful owners, just like any other form of property.
Courts and Governments enforced these laws.
Other Court rulings protested and challenged (if not changed or in process of):
* the KELO decision where the Court ruled in favor of the use of eminent domain
to seize private property based on "increased profits and tax revenue"
* the Citizens United ruling that is widely rejected as not representing or protecting people equally
The mistake I see even our TOP leaders and politicians making is
NOT recognizing POLITICAL BELIEFS
Once you identify which issues involve Political Beliefs, then it becomes CLEAR why these cases are so hotly contested and flip back and forth 50/50 because BOTH beliefs on BOTH sides are EQUALLY protected by law.
That's why you will see so many critical decisions by Congress and Courts split in half 50/50, because both sides represent the diversity of beliefs of the American public, divided nearly equally in half.
* The gay marriage, marriage equality, and marriage in general involves personal beliefs that can't be dictated by govt forcing people to change their beliefs from one side to another to avoid fines or punishment.
* Belief in health care as a right, versus faith in free market and free choice in health care as a personal decision, including spiritual and financial decisions that are ultimately the responsibility of citizens to manage, not govt
* abortion, euthanasia, death penalty, suicide, and other issues of termination of life
* beliefs about birthright, citizenship and immigrants; beliefs about human rights and classes of citizenship
* also gun rights and voting rights are symbolically sacred to people where these become religiously held
If the people and politicians can AGREE to treat these key issues with mutual respect for ALL beliefs equally,
and quit trying to judge and DISCRIMINATE against one creed or another, we could focus on conflict resolution to revise policies or reform govt to AVOID areas of religious or political beliefs from clashing.
We have a bunch of discrimination and bullying going on, because govt is being abused to establish BELIEFS.