Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Sub-Driver
The question of whether or not there ought to be a federal statute to protect this, I don't support. I do believe that... historically the way marriage has been regulated is at the state level. It has always been a state issue and I think that is the way it ought to be handled, on a state-by-state basis... But I don't have any problem with that. People ought to get a shot at that."

THIS IS FEDERALISM, THE SYSTEM OUR FOUNDERS ESTABLISHED. CHENEY IS RIGHT.

12 posted on 06/01/2009 1:13:10 PM PDT by Recovering_Democrat (I'm SO glad I no longer belong to the party of Dependence on Government!)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Recovering_Democrat

Ditto..


24 posted on 06/01/2009 1:17:34 PM PDT by calex59
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Recovering_Democrat

I agree...


26 posted on 06/01/2009 1:18:06 PM PDT by Lilpug15 (The Forgotten Man: He works, he votes and he generally prays - but He Always Pays": Sumner)
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Recovering_Democrat
The question of whether or not there ought to be a federal statute to protect this, I don't support. I do believe that... historically the way marriage has been regulated is at the state level. It has always been a state issue and I think that is the way it ought to be handled, on a state-by-state basis... But I don't have any problem with that. People ought to get a shot at that."

THIS IS FEDERALISM, THE SYSTEM OUR FOUNDERS ESTABLISHED. CHENEY IS RIGHT.

The problem with that reasoning is this:
Once one state changes the definition of marriage to allow same-sex marriage, then homosexual couples from other states will go to that state and get married, then return to their home states and sue in federal court under the "full faith and credit" clause to try to force their home states to recognize their "marriage".

This has already been tried in several states, with the courts thus far ruling in favor of the states and against the activists trying to achieve through litigation what they can't through legislation and elections. In one case the homo couple sued the state to try to use the state's divorce courts to dissolve the "marriage" that doesn't exist in the home state.

No matter how many times the courts rule in favor of the states and against the lititious activists, all it will take is ONE ruling in favor of the activists to overturn all the "stare decisis" and create a new Constitutional right to homosexual marriage that trumps all state laws and even the federal Defense of Marriage Act. That is why Cheney is wrong about the "federalist" argument for a state-by-state basis for handling the issue. If we were still a nation of law, and were governed by the rule of law, and had a federal court system that would actually apply the Constitution, he would be correct. But unfortunately, in the age of courts of empathy rather than courts of law, that is not the case.

37 posted on 06/01/2009 1:25:18 PM PDT by VRWCmember
[ Post Reply | Private Reply | To 12 | View Replies ]

To: Recovering_Democrat

ahh but it is a federal issue because states are forced to recognized, notwithstanding the 1996 DOMA, the marriages of other states.

For example, if one state has common law marriage that is recognized for its residents, when those residents move to another state that common law marriage is recognized for purposes of death and divorce.

In fact the homosexuals are using Full Faith and Credit in order to attack marriage as a whole.


139 posted on 06/01/2009 2:45:36 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 12 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson