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originally posted by: beezzer
a reply to: bigfatfurrytexan
Maybe I'm reading too much into this, but I wondered why the president didn't just come out and say same-sex marriage should be legal!
Why say, "Constitutional"?
originally posted by: bigfatfurrytexan
I don't think a church can refuse marriage based on race, national origin, or any other protected class.
Similarly, the Constitution allows denominations the freedom not to perform interracial marriages -- but these days, experts said, those that refuse to marry interracial couples are considered out of touch with the times.
originally posted by: beezzer
a reply to: bigfatfurrytexan
Maybe I'm reading too much into this, but I wondered why the president didn't just come out and say same-sex marriage should be legal!
Why say, "Constitutional"?
President Obama Says U.S. Constitution Guarantees Same-Sex Couples the Right to Marry
originally posted by: links234
President Obama Says U.S. Constitution Guarantees Same-Sex Couples the Right to Marry
Well...he's not wrong.
Show me some evidence that he is.
originally posted by: CranialSponge
You guys are all worrying about unfounded non-existent 'what if' scenarios for no reason whatsoever.
originally posted by: marg6043
a reply to: Sabiduria
I love how our politicraps love to used the constitution when they feel is in their best interest to further agendas but disregard the constitution when it doesn't work in their favor.
originally posted by: beezzer
Can a religion exist that has tenets that violate the Constitution?
originally posted by: bigfatfurrytexan
a reply to: ketsuko
But let me ask this, to play devils advocate: if a church thought it was sinful to marry a white person to a black person (or asian, latino, or any other "race"), would that be something we are ok with? There are quite a few churches who believe that "the races should not mix" due to scripture related to the tower of babel. How do we feel about that? Is equal opportunity really intended to be equal?
(First Restatement of Conflicts on Marriage and Legitimacy s.121 (1934)). However, a state can refuse to recognize a marriage if the marriage violates a strong public policy of the state, even if the marriage was legal in the state where it was performed. (Restatement (Second) Of Conflict of Laws § 283(2) (1971).) States historically exercised this "public policy exception" by refusing to recognize out-of-state polygamous marriages, underage marriages, incestuous marriages, and interracial marriages. Following these precedents, nearly all courts that have addressed the issue have held that states with laws defining marriage as a one man, one woman union can refuse to recognize same-sex marriages that were legally performed elsewhere.
Federal courts have interpreted the U.S. Constitution to place some limits on states' ability to restrict access to marriage. In Loving v. Virginia, the United States Supreme Court overturned state marriage laws that barred interracial marriages on the basis that marriage is a "basic civil right..." and that "...the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."