Gay Marriage / Gay Rights

[HairOfTheDog]

If the supreme court finds in favor of the gay rights people, wouldn't that be legislating morality or in this case the lack thereof for the rest of the country?

I think there is ample evidence from the gay community stating that morality can't be legislated.

I think the USSC will decline to answer the question.

If the gays really want to get this shit done they need a Constitutional amendment that will allow the USSC to look at the issue as a Constitutional guarantee.

until then the USSC really has no authority on the issue, The Constitution is pretty clear on where things like this belong.

Yep, it's each state's right to decide whether same sex marriage is legally recognized, as it stands now. I don't know if the USSC would get involved either when it comes to deciding whether a legally married gay couple receiving Fed benefits in one state is entitled to the same benefits if they move to a state that prohibits gay marriage. At present, the Fed doesn't have any authority to mandate states' decisions regarding recognition of gay marriage; it would be unconstitutional. No idea whether LGBT activists and advocates are pursuing a Constitutional amendment; gonna do a little research later.

Interesting and frustrating conflicts between Federal Law and States' Rights at play here (and in regard to other hot issues). The Defense of Marriage Act (DOMA) defines marriage for federal purposes as unions exclusively between a man and woman. Yet, each state ultimately decides whether to adhere to this defintion or not. Obama is pushing to abolish DOMA. Not sure that DOMA really has any bearing on states' decisions, but I think DOMA is irrelevant anyway. It should be canned, imo...