Gay Marriage

[kandrathe]

In essence what the Government is legislating is who may apply for a marriage license and who may not. This in itself brings up its own problems as that goes contrary to the prevailing doctrine of citizens being equal in the eyes of the law.

True. I know many secular heterosexuals who would be more comfortable being labeled as domestic partners, rather than married.

I'm thinking that this question will actually play out in the Supreme Court after a state makes a law declaring marriages between gays illegal. I then expect someone will sue under Amendment XIV of the Bill of Rights. That is of course if the Federals don't pass their own amendment. I expect that will also be challenged as unconstitutional under Amendment XIV.

I think that is why the opponents of gay marriages are being careful not to use that language. Instead the focus in on defining what "marriage" is, rather than on what it is not. I have some questions myself about why "civil unions" performed by a justice of the peace would legally be able to exclude same sex couples. But, in the end I think you are right. The Supreme Court will be to determine whether the denial of gay marriage is a violation of equal protection.