Monday, March 08, 2004
Making sense of Kerry's position on Gay Marriage
How are we to make sense of Kerry's position on gay marriage - he is against it personally, but prefers each State to decide the matter itself.
The only way this statement can make sense, it seems to me, is if you make the assumption that the 1998 (?) Defense of Marriage Act - and it's provision that forms of marriage other than man/woman allowed by one State need not be recognized by other States - will trump the Full Faith and Credit Act of the Constitution. I am no Constitutional lawyer, but common sense would tell you that only an Amendment to the Constitution itself can trump the Constitution - a mere Federal Law cannot.
Even more damaging, I think, is that through this statement Kerry seems to be (become?) a proponent of States rights. Isn't that something Republicans usually champion?
And how does/can Kerry distinguish his position on Gay Marriage from that of Abortion? E.g. Given his position that Gay Marriage should be decided by States, should not Abortion also be decided by States?
In the case of abortion it doesn't matter anymore - the Supreme Court has already decided that the U.S. Constitution itself protects the right for an abortion. Individual State laws would have no meaning.
And isn't it likely the same will happen in the case of Gay Marriage? Won't someone eventually appeal to the U.S. Supreme court that gay marriage is protected under equal rights of the consitution? And if that happens, then State laws will again be trumped.
The only way this statement can make sense, it seems to me, is if you make the assumption that the 1998 (?) Defense of Marriage Act - and it's provision that forms of marriage other than man/woman allowed by one State need not be recognized by other States - will trump the Full Faith and Credit Act of the Constitution. I am no Constitutional lawyer, but common sense would tell you that only an Amendment to the Constitution itself can trump the Constitution - a mere Federal Law cannot.
Even more damaging, I think, is that through this statement Kerry seems to be (become?) a proponent of States rights. Isn't that something Republicans usually champion?
And how does/can Kerry distinguish his position on Gay Marriage from that of Abortion? E.g. Given his position that Gay Marriage should be decided by States, should not Abortion also be decided by States?
In the case of abortion it doesn't matter anymore - the Supreme Court has already decided that the U.S. Constitution itself protects the right for an abortion. Individual State laws would have no meaning.
And isn't it likely the same will happen in the case of Gay Marriage? Won't someone eventually appeal to the U.S. Supreme court that gay marriage is protected under equal rights of the consitution? And if that happens, then State laws will again be trumped.
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