Union Public Policy Class

Solving the World's Problems One Bulldog at a Time

Solving Gay Marriage Once and For All?

Today it was announced that the Supreme Court will hear a combination of the Prop 8 case and the DOMA case at the same time.  This means that the court will likely solve the federal gay marriage question once and for all.  They will either decide that states can or cannot define marriage as solely between a man and a woman.  If the court decides that states cannot define marriage, then gay marriage will effectively need to become legal nationwide.  If the court decides that states can define marriage, then the debate will still be on a state-by-state basis, but never again will it be a federal issue.  I, for one, am glad.  Machiavelli taught that if you must do something evil, it is better to get it all done with in once fell swoop than to stretch the actions out over a long period of time.  Maybe it will be better for the nation to just get this issue out of the way.  Of course, I hope that the Court affirms the right of states to define marriage.  

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4 thoughts on “Solving Gay Marriage Once and For All?

  1. luketrammell on said:

    In my opinion, the court err on the side of leaving this issue to the states. People act like this movement has been going on for so long, but when viewed in the context of both the women’s rights movement and the civil rights moment, the LGBT movement is very young. I believe that the courts will simply remove their hand and let the states take care of it to keep from appearing to be a “super-legislature”

  2. I don’t think the federal government really wants to have to rule on this, but they’re being forced to due to the all the chatter around the country. Judge Scalia compared gay marriage legalization to legalizing murder earlier this week… and if that’s how the other 8 feel then the freedom to choose will be left to the states.

  3. Haha, as if in a democracy, it’s one and done. Nah this issue will continue to creep back up. Even if civil unions for homosexual couples become a federal law, which I would not be surprised to see happen. I have trouble seeing that the US grant full status to proponents of gay marriage. And I have an even harder time imagining that this issue will slowly die away. Gay marriage is not like civil rights. This is an issue of marriage licensing, not of rights. So even if gay men and lesbian women are allowed to have full “rights” under the license of marriage. They will seek to get something that is completely impossible: the switch from licence to identity. If gay marriage is passed it will be because people think that marriage can include gay couples, not because the majority agree with think similarly with the gay community.

  4. sethbrake on said:

    Of course not, haha, I was just looking for the silver lining.

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