Marital Conundrum
Today, Bush announced his support of a constitutional amendment which defines marriage as a union between a man and a woman. (In case you have been hiding under a rock with cotton in your ears.)

Here is the response of John Kerry, the probable Democratic presidential candidate:

"The best way to protect gays and lesbians is through civil unions," Mr. Kerry said in the statement. "The issue of marriage should be left to the states, and that the president of the United States should be addressing the central challenges where he has failed: jobs, health care and our leadership in the world, rather than once again seeking to drive a wedge by toying with the United States Constitution for political purposes."

Personally, I do not agree with the premise of same-sex marriage. I would prefer not to modify to constitution in order to protect it, but it appears that there is no other option at this point. From Massachusetts to California, a few in powerful positions are dictating a new definition of marriage which they feel should be adopted by all. These bold and lawless (at least in San Francisco) moves have forced the President's hand in this matter.

John Kerry's response is interesting because he is saying two different things. First, he declares that civil unions are the way it should be. Then he declares that this is a state's rights issue and should be left to the states. His home state has already working on providing a legal same-sex marriage, so that option contradicts his first statement. Most likely, this is a hot potato which he is trying to avoid.

Andrew Sullivan has been calling for this issue to be resolved at the state level for months. He sees this as the solution to the problem because the people of each state can decide the matter for themselves. I have a problem with this approach to this problem. The "full faith and credit" clause in the Constitution means that this 'solution' will bring about legal same-sex marriage on a national level. Perhaps that is why Sullivan supports it so strongly.

I wrote about this state-by-state approach last August. Here are my comments then which still apply today:

There are many issues that arise when the power to define marriage is removed from the Federal level and delegated to the states. It would be possible to have 50 different definitions of marriage. If one state should support same-sex marriage while another did not, then how would the IRS determine the filing status of the taxpayers from the different states? Would their marital status depend on the state they are filing from? After the inevitable lawsuits, it is my opinion that the definition accepted by the Federal Government would be that from the state with the broadest (most inclusive) definition. This takes the issue from a 'State's Rights' issue back to to a Federal definition of marriage issue. The primary difference is that in this case, the legislature of one state would have the right to define marriage for the entire republic.
The proposed Constitutional Amendment would define marriage at a national level. Delegating this decision down to the states will do exactly the same thing, except without national representation.
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  1. Marriage Ban, We Should Rethink the Definition
    George W. Bush came out today against Gay Marriage. This isn't a big surprise here, and Kerry is saying he is for civil unions but doesn't want a Federal mandate against gay marriage, yet constitutionally, without it, if one state...
    Tracked by: : Southern Musings on 02/24/2004 at 1:03 pm
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Does this mean that you believe that any field affected by FFC should in fact be the province of the Federal government?  Boy, the States’ rights people will *not* be happy with you.

Admittedly it is a tricky question, but I doubt the amendment writers intended it to result in the right to govern these areas being taken away from the States.

Posted by: - 08:15 AM - 02/25

No, that is not what I am saying at all.  I’m saying that I believe this is something that is going to be decided at a national level. 

Given the choice between a Federal decision (constitutional amendment) or allowing one state to decide for the entire nation, I would choose the Federal option.

Posted by: King of Fools - 11:19 AM - 02/26
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