Why do states have the right to regulate marriage

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Wreckem

Diamond Member
Sep 23, 2006
9,541
1,106
126
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Using the constitution requires states to recognize gay marriages from other states. You know the full faith and credit clause.

DOMA is unconstitutional on its face. If it wasn't for overtly political courts it would have been struck down long ago.
 

sportage

Lifer
Feb 1, 2008
11,492
3,162
136
I keep repeating this because I want it to sink in.
There is one argument that nullifies this marriage = religion foundation.
Atheists.
As long as there has been marriage, atheist have been legally married time and time again.
Not one law has been suggested or introduced to address atheists legal marriage.
Or to stop atheists from marriage. Or to ban atheists from marriage.
Nor has one constitutional amendment been suggested or introduced to define marriage as based only on religion.
So any argument suggesting marriage is only between a man and woman, or Christian based is entirety moot.
Marriage concerns legal matters only. And the law is often redefined or expanded to keep current with changing times.
No one person, no one group "owns" marriage. Period!
Marriage can and should be expanded with no limits as to race, gender, and if and when society has the desire to do so.... Polygamy.
 

Greenman

Lifer
Oct 15, 1999
22,056
6,335
136
I keep repeating this because I want it to sink in.
There is one argument that nullifies this marriage = religion foundation.
Atheists.
As long as there has been marriage, atheist have been legally married time and time again.
Not one law has been suggested or introduced to address atheists legal marriage.
Or to stop atheists from marriage. Or to ban atheists from marriage.
Nor has one constitutional amendment been suggested or introduced to define marriage as based only on religion.
So any argument suggesting marriage is only between a man and woman, or Christian based is entirety moot.
Marriage concerns legal matters only. And the law is often redefined or expanded to keep current with changing times.
No one person, no one group "owns" marriage. Period!
Marriage can and should be expanded with no limits as to race, gender, and if and when society has the desire to do so.... Polygamy.

Interesting concept, but I don't see how it could be embraced by an entire society. Lets assume we have 5 people in a marriage, with at least one female. Come the divorce, who gets custody of the children, who pays support? What about medical benefits offered through one's work? Wouldn't employers have to limit coverage to one person? What happens when a member of the marriage is incapable of making decisions, who gets power of attorney?
I'd love to see a state try it, just not the state I live in.