Anonymous asked in Politics & GovernmentPolitics · 1 decade ago

Since most states now have constitutional amendments to ban gay marriage, is it now a lost cause in the US?

Unless the Supreme Court steps in and invalidates all the constitutional amendments and the federal Defense of Marriage Act, which I don't see happening soon, is gay marriage a lost cause everywhere except Massachusetts? Once a state has a constitutional amendment banning it, is that it for good? Or could it still somehow become legal? I wonder if constitutional amendments themselves can be overturned...?

11 Answers

  • Anonymous
    1 decade ago
    Best Answer

    Constitutional amendments can be overturned, but it requires a high percentage vote, which I don't know off the top of my head. But what you mention is the only way to get rid of the state amendments. The last thing I heard was that there are test cases being put together to address this very issue. The logic is that the state amendments are federally unconstitutional and so must be voided. That they are amendments meant specifically to discriminate and violate other citizens civil rights as given to them by the U.S. Constitution. That will be the main thrust of the argument in court. These cases will be geared to making it all the way to the Supreme Court. The Supremes have been trying to avoid ruling on this subject for years, but they know it's going to come before them eventually.

  • 1 decade ago

    Yes, I think so. Honestly, I never thought this would become the issue that it has. I thought a few gay people would push for it, lose and it would disappear. Even I didn't expect the demonizing of gays to reach such a level. I forgot, for a moment, how much the Christian right loves to paint gays as the ultimate evil and how much money (tax free mind you) they have. I never thought that intelligent people would actually claim to protect something by banning people from it and the blaming gays for divorce...well...I didn't see that one coming either.

    Personally, I said from the start this strategy wouldn't work. GLBT's should focus on equality first but it's too late to close that barn door.

  • 1 decade ago

    constitutional amendments can be overturned...

    I am sure some day the US will join other civilized countries and allow gay marriage...

    Actually, I thilnk the US gov't should stay out of the marriage business entirely. Everyone gets a civil union license, all civil unions are basically treated like marriage is treated now in terms of taxes, partner benefits, etc.

    Leave marriage up to the churches...

  • I think that the act of "marriage" is actually the name of a church ceremony, and personally, since there is a separation of church and state, they can't legislate.

    I think that there is a case of people being able to fight for "civil unions". And I know that in WI, what they did was make it illegal for individuals of any sex to live together without the sanctity of marriage in the wording of their "amendment". So if they aren't going to enforce that, how in the hell can they sit there and say it isn't Unconstitutional?

    There are too many people trying to dictate how others live, when people need to worry about their own lives first. MYOB - mind your own business.

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  • Anonymous
    1 decade ago

    An amendment to a constitution can repeal an earlier amendment; google "prohibition".

    Twenty-four states do not have amendments to their constitutions that prohibit gay marriage; I don't think the matter is settled.

  • Anonymous
    1 decade ago

    The National Constitution trumps all state laws.

    If it is ever amended to decide the issue one way or another, all states will have to adhere to that law.

  • ?
    Lv 4
    4 years ago

    No one in Washington is a rescuer but are actually the murderers. All we need is someone who will get government out of the way of the free market and the incredible "Invisible Hand". I hope Newt has learned his lessons about government and does just that. I believe Romney is a liberal.

  • I don't see the Supreme Court over ruling the power of the state in this matter. However, I am not opposed to allowing gays to marry and believe that eventually it will be accepted.

    My best friend growing up was raised by his gay brother who accepted responsibility for him after their mother abandoned him. He was a hell of a lot more of a man than those jerks who father kids and then abandon them, in my opinion.

  • 1 decade ago

    All marraige should be reformed. This til death do us part is off base. Marraige is the leading cause of divorce. It should be reformed to a two year contract with an option to renew. Think of the stimulus to the economy with more weddings, honeymoon travel and the hiring of agents to negociate the wedding contract.

  • 1 decade ago

    banning same sex goes against the bill of rights. we americans have the right to persue happiness. im straight and i have absolutely no problem with accepting gay marriges. and to the religious folks out there saying its wrong, its wrong to pass judgement to people. we all will be judged in the end, its not your job to do it. the christian god is supposed to be all merciful anyways. if you accept god as your lord than you will be accepted into heaven

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