Marriage has ALWAYS been subject to definition or defense: of, by or for, the state, king, ruler, chieftan, clanleader, etc.
Marriage is not a religious institution, but a social one recoginized and regulated by the rulers/leaders of whatever society you'd care to study.
While every religion has a ceremony celebrating or formalizing 2 individuals participation in the social institution and in some societies the role of governing marriages may in fact be ascribed to religious authorities, but this does not make them the sole purveyors or arbiters of the institution in all societies.
The constitution is going to be ammended, the question is by whom? Us, through our elected leaders and the ballot box, or by an overweening, tyrannical judiciary?
EXACTLY....
wrong that is.
before there can ever be a "state" a "clan" or ANY social order, there has to be marriage, covenant and family.
Were every government on the planet to dissolve overnight, my wife and kids would still be EXACTLY what they are: my wife and kids... because the STATE gains its right to EXIST from ME and MY FAMILY... and NEVER the opposite.
If the existence of the state does not change my family, it follows that the STATE is NOT the arbiter of family relations. Period.
Nice try.
But the idea that STATES are the foundation for, or providers of marital status is clearly wrong.
States have acknowleged marriage because it is a precursor to their existance... and they have ZERO authority to regulate it... for without PEOPLE and their Family Relations that supercede and predate the state... there would be NO state to exist.
Common law marriage is enforceable and acknowledged by the state, in virtually all family law courts because COMMON LAW predates and supercedes our state and local laws regarding marriage. Live with a woman as a male for six months in almost any place on the planet and the familial responsibilities for that relationship are acknowledged and enforced almost EVERY WHERE on the planet.
The constitution of the FEDERAL state will never be allowed to regulate the existance of the very foundational institutions and forms that make it's existance possible.
Only a FOOL would try.
GET the feds out of civil matters, altogether or alternativelyl face certain civil disobedience and irresistable overthrow.
People are tired of government regulating every thing.
Family included.
The religionists will learn this, as they continue to push for a "Christian Nation" to be codified in our national laws.
It will never happen.
We need to get over it and get about the business of changing hearts, instead of continually seeking new means and authorities to FEDERALLY criminalize behaviors we find offensive and disgusting. And I do find homosexual behaviors and relationships extremely disgusting.
States don't marry people.
They do want to get a piece of the pie, and some control when they do however.
WE need less government.
85 percent less...