Friday, July 30, 2010

What is the LEGAL explanation for the ban on same sex marriage?

I understand it's a religious argument and that it may result in seperation of church and state, but I would like to know the legal justification.What is the LEGAL explanation for the ban on same sex marriage?
It's an arbitrary societal convention. There's no more legal justification than there was for, until relatively recently in our history, anti-miscegenation laws, which banned interracial marriage. However, the times they are a changin'.What is the LEGAL explanation for the ban on same sex marriage?
The legal explanation is because the legislature said so.





When a state legislature passes a law, they are not obligated to give any reasons. If they vote on it and it passes, it becomes law. There is no rule that says they have to give a ';legal explanation';. The fact that the law they passed is not unconstitutional is sufficient.
Good question. As a Californian who is straight (yes, they have them here), I am very happy that we are allowing gay marriage. You may have a personal problem with gays, which is fine, or it may be against your personal beliefs, again, fine. However, there is absolutely NO LEGAL BASIS for saying that gays cannot marry.
There was no legal ';ban,'; until gays started agitating for it. It's just that the definition of marriage was between persons of the opposite sex %26amp; so purported ';marriages'; between people of the same sex were no more possible than marriages between people %26amp; dogs or cats.
The legal explanation is that the law defines marriage as being between a man and a woman. It has always been that way and there is no legal or moral reason to change it.
The legal justification brings it back to religion.
There is no legal explanation.
Why do same sex people need marriage?
its not moral

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