Once again, SCOTUS is poised to revisit the Gay Marriage. And as pundits on both sides debate, here’s a Constitutional look at the issue. Check it out:
IMHO, the real issue in the Gay Marriage dispute is how the Supreme Court should rule on the issue.
It’s not merely if this is a Federal or State Issue, which has implications beyond forcing states to conduct same sex wedding. But is also a matter of whether or not a gay couple married in one state should be recognized in another.
Much to my parents’ chagrin, I did not go to law school, neither am I a constitutional scholar like our president.
The excerpt below is one take on the constitutional issues raised by the Gay Marriage, debate and I hope to publish more between now and when the Supreme Court announces its decision sometime in June.
It originally appeared on “The Federalist Today” and I have been given permission to reproduce below:
CONSTITUTIONAL RIGHTS AND WRONGS:
A week and a half ago, the Supreme Court agreed to take up the two constitutional questions at the heart of the contemporary gay marriage debate:
1)Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?
How will the Court decide? How should the Court decide?
Richard Weaver, in The Ethics of Rhetoric(1953), highlights and evaluates three types of arguments in political rhetoric…