zehydra said:
I'm American, and while I generally dislike the Federal government telling the states what to do, I support this, as it was a breach of the constitution. Now, what's more important, is that people need to realize that any definition or tax breaks for marriage, by any government under the U.S. flag, is unconstitutional.
Matt_LRR said:
Konrad Curze said:
Ahh its a dark day for democracy.
Even worse since this already happened and Prop 8 had to come along to fix it.
yeah, that whole defence of the constitution thing, real bad news for democracy.
-m
I thought the law was a bad idea, but I have one question to ask. You both say it's a breach of the Constitution: which part? I don't think the Constitution or any of its ammendments have anything to say about marriage whatsoever. In fact, to the contrary, the Tenth Ammendment pretty specifically states that any power not specifically granted to the federal government defaults to the states or to individuals.
Where does the Constitution specifically give the federal government the right to dictate to whom states can grant marriage contracts?
I'm not being facetious. I think the law was a bad law, but I think it was perfectly Constitutional, so unless a federal law is passed to supercede the state law or the constitution is ammended, it should've been allowed to stand. Please explain to me why I'm wrong. Otherwise, I have to view the argument that it was unconstitutional as a slightly less defensible position than, "They shouldn't be able to be married because Jesus says so." At least people who say that can cite their sources.