Can you provide a legal basis for banning gay marriage?

Question

Can you provide a legal basis for banning gay marriage?

Answer 1

Marriage has been defined since the dawn of civilization as the legal and sanctified union between a man and a woman. Until just the last few years, this definition has held firm in every society in the world (note that some permit polygamy).



It provides gays with a special right. As of now, gays and straights have exactly the same rights when it comes to marriage. That is, any unmarried person can marry, through mutual agreement, any other unmarried person of the opposite sex.



Any legal or financial arrangement that is 'automatic' with marriage can be arranged through contacts between the parties...after all, marriage is a contract. So, while societyu has to recognize binding agreements, it does not have to change definitions and recognize gay unions as marriage.

Answer 2

I don't think there is a legal basis.

In fact, I think that banning gay marriage is unconstitutional.



Let them marry, who cares. It is not going to take anything away from me.



Doesn't it deprive certain people of liberty and the pursuit of happiness as spoken of in the Declaration of Independence?



To some of the other answerers:

Ever heard of ``tyranny of the majority´´?

Sodomy may or may not occur in a gay marriage NOYB.

What about heterosexual sodomy? Like that never happens.

In Texas, cunnilingus and fellatio are illegal between married persons, does that make it right?



Dwasifar K is also correct.

Answer 3

No federal law on sodomy but there are state laws in some states. There is not a legal basis for banning same sex marriage. It will not pass. Although in the last election several states voted to amend their constitution to exclude same sex marriage. I'm not gay but I stand for equal rights for all law abiding American citizens. You don't get to pick and choose if you believe in the Constitution.

Answer 4

I think it is absolutely pathetic that some people are bothered by the way other people choose to live their lives. Homosexuality is not a choice, it is the way people are. It's like a child being born with four fingers instead of five. Would that bother you? Does it bother some of you people so much to make two people happy? This is another thing that's wrong with this country. America is a bunch of obese, divorced (seems like a lot of your male/female marriages aren't really the right choice, are they, if the couple is driven apart?) homophobes. It's pathetic that some of the answers on this question people put things like, 'it just is wrong.' People fear what they don't understand, and they'd understand a lot better if they worked on not being so ignorant and closeminded!

Answer 5

Gay marriage does not hamper the freedom of other in any way.



From a legal perspective, laws banning gay marriage are completely unnecessary at the state level. If you do not establish gay marriage then gay marriage will not exist. At the federal level, laws regarding marriage infringe on state's rights.

Answer 6

It effects the costs of insurances, and the insurance companies are a major role player in the US government and its laws.

Companies with employess that they are required to cover now have to dish uot more $$ for their part of the premium, and the rising costs of health care, along with rising rate of couples, will be a downfall on the american economy, as the price of manufacturing and product will have to rise to demand.

by the way, whether or not an issue impacts freedom is not a consideration for all matters of legality, just purely an emotional response

Answer 7

Good question, but if the United States was based all on laws and etc. America would still be part of Great Britian, because they thought it was moral to become there own country but not....legal. This country was based on morals and ethics and that is why people can have Free speech, freedom to choose, etc. Personally I have to feeling one way or another, but there are moral problems.....and that is what many countries [including the US] are based on.

Answer 8

Great question. There are actually several reasons. I will just give the reasons. If you'd like to know the specific studies that the results come from, I'd be happy to oblige.



1. Children raised in those homes will suffer from the lack of male and female role models.



2. Children raised in those homes will be more likely to be confused about their sexual identity.



3. Children will be in situations where child abuse is more likely to occur.



4. Children will be in situations where domestic violence is more likely to occur.



5. Homosexual marriage will significantly worsen the effects of divorce in our society.



6. We'll have no logical reason not to legalize polygamy.

Answer 9

the whole gay marriage issue is sad. it doesnt limit the freedom of others by any means.



its ecspecially sad here in the united states, being that its a free country and all. canada's fine with it, but the US? nooo.. of course not.



it really is no wonder why were one of the most, if not, the most already, hated country on the planet. because we're too god damned oppinionated and we have control issues. at the rate that were going now, my girlfriend and i will never get married :(

Answer 10

I'm going to try...but I'm no lawyer.



Isn't there a law against sodomy?



For example this guy got arrested in his own home...

http://www.cnn.com/US/9811/20/texas.sodomy/



I guess it's assumed that when gay men marry the act of sodomy is destined to occur.



I suppose they ban lesbian marriages because it would upset the gay men? I dunno...this is the best I can come up with. (Am I right or...no?)



Oh wait, I keep forgetting, most of America is still Christian and that makes it a 'sin'.



How about medical aspects? There are many...sphincter problems...infections...and more (I copied the link below)



Ok good luck with it!



Ok in response to your question above. You wanted an answer, I'm doing my best...even if it's grasping at straws...I'm trying to come up with an explaination because I don't care about the law one way or the other to be honest.



My reason for sodomy being illegal could only be that it really does cause severe physical damage (not to mention spreading bacteria). Like the guy below said...insurance claims and all that jazz. It's not a good reason but it's a reason none the less.



You have to realize that a lot of people are still against gays...It's really sad tbh. Not sure what to tell you.



Ok here you go;

http://www.familyresearchinst.org/Default.aspx?tabid=102

So I was wrong. It says...

"Absent any concrete, scientific or medical reason for banning sodomy, it all became a matter of individual taste or preference. This is why the Court could say “There has been no showing that in this country the governmental interest in circumscribing personal choice is somehow more legitimate or urgent.”



You could join some sort of group to change things...

Answer 11

No, of course not, it is only tradition. There is no legal barrier. Other countries have already legalized it. However all of our laws implement basic morality. I mean really can you come up with a legal basis for banning drugs, underage drinking, speeding, writing bad checks or anything else. Laws don't really have a legal origin. It is usually moral or economic.

Answer 12

It's against the law for a man and woman to live together with out being married. But a man can live with a man and woman can live with a woman and this is legal without marriage. It's a unnecessary wast of paper, time, and our money.

Answer 13

I found this meaning of the word



marriage: Main Entry: mar·riage

Pronunciation: 'mer-ij, 'ma-rij

Function: noun

Etymology: Middle English mariage, from Anglo-French, from marier to marry

1 a (1) : the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law

Answer 14

Actually it shouldn't matter to gay couples or anyone else whether their union has the government's stamp of approval. The only reason people have to care about it is that the government has been in the business of favoring married couples over singles for a long time, which they shouldn't.

Answer 15

Yes, legally President Bush needs to get more support.

Furthermore, legally America is now a monarchy and after Bush Sr and George War, we need Jeb as president so...

Answer 16

YES!! Marriage is between a man and woman. PERIOD!!

It is totally abnormal for two men to marry each other and the same with two women getting married. It is a abomination.

Answer 17

NO. There is NO legal basis. Its a bunch of lawmakers thoughts/ideas. It should be voted on as we vote for president in my opinion. Why should a handful of people decide? They don't decide on who runs the country!

Answer 18

No, because there is none. It does not have an impact on the freedom of others, nor does it have an impact on the union of marriage.

Answer 19

sure it does do to the fact that the majority of america doesnt see it as right. were a republic meaning the people speak and apparently the fact of the matter is that we view homosexuality wrong and why do men love men and women love women? its just lustful ideas that clutter the minds.

Answer 20

yes i can

i live in michigan and, believe it or not, as with many other states sodomy (insertion of penis or foreign nonmedical object into anus) is actually a felony look this up there r many states where sodomy is illegal

Answer 21

supreme court baned sodomy law in 2003 anal sex is legal

Answer 22

ya

its illegal for gay people to marry

Answer 23

I love this question. If you get an intelligent answer let me know.

Answer 24

is there still a law against buggery?

Answer 25

gays rule.