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amcalabrese
Guest
Which is why I distinguish between civil and sacramental marriage. To me, gay marriage can never be a sacrament, but it can be a civil recognition of shared property rights.Certainly property is acquired throughout marriage or brought to it and the civil authority has the duty of assigning rights if there is a dissolution of a marriage. However, the division of property is an effect of marriage, not a defining characteristic. People get married, not to divide property, but to unite and form a home for children.
The people, noit the judiciary. And if the judiciary decides, it should be the state courts, not the federal courts.The question seems to be who in the states decides: The people or the judiciary?
The difference is that in those cases you describe, there were constitutional amendments binding the states. For example, before 1865, slavery was legal each state could decide whether or not to allow it.Further, if the definition of marriage is left to the individual states, what else can each individual state define? Can my state redefine the meaning of the phrase “human being” to exclude certain undesirables so they will be denied rights (like freedom, the ability to own property, etc.)? If so, then it seems that we fought the Civil War for naught. While we may leave mundane legislation to the individual states we, as a nation, have decided that there are some ideas and philosophies that are so repugnant to the common good that we must decide them as a collective. Slavery and segregation are two that pop quickly to mind.
So, as a Federalist, are you willing to allow certain states to reinstistute segregation?
As for segregation, there is a constitutional amendment which gives Congress the power to define race relations. So no, a state could not decide to impose segregation.
But if Conneticut wanted to recognize civil unions between same gender relationships, that is constitutional. New York does not have to recognize them.