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A Conversation on Marriage

by: matthillcomer

Fri Aug 10, 2007 at 15:25:36 PM EDT


(The whole "states rights" issue was put in stark relief at the forum by Hillary Clinton. You might want to click over and read this article at ABC.com, Obama Camp Paints Clinton as Backing 'Symbolic Insult' to Gays, to get an idea of the issues involved. The problem with the states rights argument and federal intervention is that it is inconsistent. It's hard for the candidates to justify allowing the states to discriminate on marriage given 1967's Loving v. Virginia ruling, which addressed state bans on interracial marriage. - promoted by pam)

This was originally going to be posted at The EqualityMySpace Blog, but MySpace is currently having "technical difficulties."

I spoke briefly with Jordan Palmer, the President of the Kentucky Equality Federation (website, myspace profile). We had a short, but very interesting, conversation on the issue of marriage equality for LGBT people. The conversation below was in the context of the news on the HRC/Logo Presidential Forum.

With his permission, excerpts from the conversation appear below (the fold).

matthillcomer :: A Conversation on Marriage
Jordan Palmer: The federal government cannot force laws, especially a definition of marriage on states.

Matt Comer: In one instance, I might agree with you. Our history has clearly proven that matters of the family and education and a variety of other issues are to be left to the states. In this way, the Defense of Marriage Act is certainly un-constitutional.

On the other hand, however, I would posit that our jurisprudence has proven that marriage and the right to marry a person of one's own choosing is a civil right (Virginia vs. Loving). If this is a civil right, I fully believe that the federal government - which has the power to protect and gaurantee the civil rights of all citizens - would have the right to say (as in the case of Virginia vs. Loving) that states must allow same-sex couples to marry.

Jordan: The state has more impact on your daily life than the federal government. The federal government and each state government exist parallel to each other with neither "reporting" to or being subordinate to the other. Since the presidency of Bush however, the independence movements in California, Hawaii, and Vermont have gained considerable support.

Imagine what would happen if the federal government attempted to legalize gay marriage? I'm sure Alabama, Florida, South Carolina, Texas, and Kentucky (among many others) would balk at the notion.

Legal scholars have stated that the federal government cannot impose a definition of marriage onto the laws of the various states.

Though I agree with you 100% about equality, equal rights, etc. I think we are a long, long way off in Kentucky, and most southern states.

The federal government cannot force legislation on states; look at the U.S. Patriot Act as a good example. Nine states condemned the act (see Bill of Rights Defense Committee) and prohibit state, county, and city employees from participating in, or gathering/reporting information to the federal government as the Act requires. In Kentucky, the City of Lexington is the only government that has condemned the Act.

I am a HUGE fan of downsizing the federal government.

Matt: States rights is an important issue if we seek to keep this nation together. I agree with you. I am a Southerner as well, lol. I don't think many Southerners - and for that fact, many Americans - appreciate large, powerful governments. That is what we attempted to separate ourselves from when we declared independence from Great Britain.

Again, and I think we agree, equality is important and there are times that the federal government must step in.

For example, education is something left to the states, but the federal government had to step in during the 1950s and 1960s in order to enforce equality in education.

Sometimes, the federal government is a necessary evil.

Jordan: I see the points on all sides.

So... what are your thoughts? Have any additions? Agree, Disagree, Somewhere in between? Comment below.

I've got to say that Jordan is a great guy. He keeps his political views pretty neutral and, although he is registered a Democrat, he likes to see things from a view in the middle. In his own words, "I try to remain neutral with the belief that all political parties have great (and horrible) ideas at times."

He's doing great work in Kentucky and him, his mother, his organization and his wonderful networking skills were definitely the only reason our Soulforce Equality Ride events at University of the Cumberlands (PDF) in Williamsburg, KY, were even a possibility.

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Maybe a little bit general, but ...

I think the main problem in the discussion really is the point that marriage in this country is tied very closely to churches - they indeed perform a ceremony that has impact on the status you have in the eyes of the government.  That gives the conservative church leaders much more opportunity to influence our lives than if the act of marrying someone would be a civil ceremony.  I guess this is an argument pro domestic partnership with rights equal to marriage.



Sure Southern states would balk
But they also balked at ending slavery too.  It doesn't mean that federal intervention wasn't the right thing to do to end a horribly discriminatory and hateful practice.  It needed to be done then and it needs to be done now.

States Rights?

I have to disagree about the role of the Federal Government in ending discrimination against gays and gay marriage, if not for federal intervention we would still have slavery and whites only drinking fountains here in the south… 

States rights were the argument used by the Confederacy to keep slavery alive in this country and were their justification to secede from the Union. Everything being said today about gay rights was said in the 1850's about slavery.



Paula The Surf Mom

Mealy-mouthed and dishonest
It really bugged me that Hillary Clinton tried to make it sound like defeating DOMA and turning the issue back to the states was two sides of valuable coin.  That's leadership?

"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report

States Rights is a crock invented by the Confederacy

to keep blacks subservient.

Imagine if straight people had to worry if their marriage or divorce in California was not

honored if they moved to Massachusetts.

Remember when people used to fly to Nevada for a "quicky divorce"?

Imagine the chaos if your divorce was only valid in that state ?

When I lived in Utah I was too young to marry - so I took a bus over the border and married

in Idaho, then went back to Utah with a perfectly valid marriage.

People go to Mexico to marry or divoce, for christ sakes, and those marriages and

divorces are honored - even if someone might be underage or unqualified in the

state they move too.

It is called "full faith and credit" and there are only two times I know of where a 

state has not been REQUIRED by our constitution NOT to give full faith and credit

to a marriage performed in another state.

 

The first was when southern states live Virginia refused to honor interracial marriages

performed in Massachusetts - until the Supreme court told them that they have to.

 

And today when southern states like Virginia refuse to honor gay marriages 

performed in Massachusetts.

 



And another exception

Partners of deceased Members of Congress are entitled to their pensions with two exceptions:

If you're a convicted traitor 

If you're gay

Look at what that says about being gay: it's as bad as betraying national secrets. 

Hmmm...who'd have though Bob Novak and gay people would have anything in common? 



"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report

[ Parent ]
Best arguement for gay marriage

The dumbest states,( who are lets face it....dead weight), might leave the Union.

I could be perfectly happy without Kansas, Mississippi, and Alabama. It's time to clean House....and the Senate.

 

btw ...CT you are on the fence whether we keep you or not, so next time Joe Lieberman comes up for re-election Just Say NO!



What have you done today, to make ya feel PROUD?


~Heather Small


I Disagree

 

"States rights" has only one purpose and that's to use as a bludgeon to keep people from exercising their civil rights.  It's a shibboleth that was abolished with the 14th Amendment to the Constitution.

It's sad but not surprising that Libertarians have picked up on that mantra, but it is surprising that gays, who really ought to know better, parrot the same stupid "states rights" lie.  Libertarianism is pure poison, ultimately, in varying degrees nothing more than anarchy and water.



I wanted to add
that Libertarians talk the talk about gay marriage, but as long as they promote "states rights" the talk is all hot air and absolutely no substance; but that's Libertarians for you.

[ Parent ]
AFAIK

As far as I know, no state has ever advanced a states rights argument to do anything whatsoever except take away the rights of people in their state. 



Exactly!
It's never about expanding what is offered, it's about building a wall to keep rights out.

"In order to maintain an untenable position, you have to be actively ignorant."  The Colbert Report

[ Parent ]
There's a very serious practical matter here that is being ignored.
If you federalize marriage now gay people will lose what they have.  I would rather be able to marry in Massachusetts than have the rest of the country tell me I can't via a federal amendment.

If you don't think such an amendment would at the present time pass in the immediate aftermath of a Supreme Court decision ordering all states to permit same sex marriages, you're collectively smoking some serious stuff.

It won't stay this way, but that is the way it is now.

In the 1940's Loving v. Virginia would have lost.  There was a 15-20 year span between when California legalized interracial marriage and Loving v. Virginia legalized it in the few remaining states that still banned it in 1967.  That gap in time during which the state laws were inconsistent did matter.

Such things still matter, even though they're highly inconvenient and unjust.


It isn't being ignored

it is inevitable that it will reach the SC eventually - couples married in MA can't remain holed up in that state forever - eventually a couple will move and demand their rights, or their federal rights.

 At the moment all of the effort is to delay that moment until we can shitcan Bush and appoint better justices, because we all know what the 5 Catholics will do.

 

At some point it is a civil rights issue that tu US will have to face - there will be too amny married gay

couples and we can't remain an island of bigotry foreever - although our COnfederate history indicates

we can do it fo 100 years.

Personally I don't think that a nationwide amendment could be passed any more - I

think the time of the bigots is passing with the Bush administration. 



[ Parent ]
I wish I shared your optimism about the national amendment,
maybe in five years I will, but not now.

[ Parent ]
Don't hold your breath waiting for the Feds to recognize queer marriage

I'm all for state by state recognition (or denial of) queer marriage. It's how numerous positive changes in civil rights legislation have evolved in this country, from voting rights to anti-miscegenation laws--and really, do you think that queer marriage is going to be recognized on the federal level any time soon? Given the current composition of our legislature and our judiciary, it's far more likly that queer marriage for everyone everywhere would be struck down entirely and irrevocably.

And really, how much bullshit hair splitting do I want to hear from Obama about how his position on queer civil rights is better than Clinton's when he, the son of an interracial marriage that wasn't fully legal in this country until 1973, still thinks it's OK to give me a separate water fountain when it comes to my right to marry? He can take his separate-but-equal rhetoric and shove it.



The opposite is true

voting rights, miscegination, basically ALL civil rights have progressed when the federal government has FORCED the southern states to recognize the rights of individuls - sometimes it has required sending armed National Guardsmen and appointing Federal judges to oversee state school boards.

Waiting for the church obsessed southern states to honor equality by way of majority vote

is where one should not hold their breath - if that were true, blacks would still have their own water fountains in the South.

 

When you are dealing with human rights, your only recourse in the USA is to the federal government,

and the idea that it is a matter of "states rights" is historically and legally bullcrap which

is used solely to discriminate by the southern states. 



[ Parent ]
C'mon tiponeill

I think you're one smart dude(tte), and I'm still laughing about what you said about Obama the other day, but really: do you want to hold your breath waiting for this particular iteration of our federal government to recognize queer marriage?

 And I disagree with your reading of history: in case after case, individual states have moved to ensure equal rights long before anyone on the federal level caught on.



[ Parent ]
I'm not expecting the feds to do much

at the moment, no - and historically the federal government was far behing the

federal courts.

I'm simply pointing out that your history is completely wrong - I know this for

a fact - I was there.

There was no way that the southern states were about to honor civil rights as

long as it depended upon a vote of the white majorities of southerners.

It took US Supreme court rulings and federal intervention - including national

guardsmen - to overrule 'states rights'.

 



[ Parent ]
Constitutional law issue

Are we state citizens under the state constitution or federal citizens under the U.S. constitution?

In our democracy, we are equal citizens under the law, and that means federal. 

We deserve every right as other citizens automatically receive, and that includes marriage to the person we love. 

 



Make alot of noise. Life is short.

We are both
and given the number of states that have added amendments to their state constitutions banning any recognition of gay marriage, or anything remotely resembling it, I don't think this is a good time to federalize this matter.  Federalizing it now will result in a national ban in the Federal Constitution on same sex marriages or civil unions.

[ Parent ]
Only the Court could achieve national marriage equality
Bush in his ONLY sucess has sabatoged the Supreme Court for thirty years, and THANK YOU SO MUCH you gutless seven Democrats who cowardly sided with Repigs when they threatened the nuclear option.

What have you done today, to make ya feel PROUD?


~Heather Small


Ten, not thirty
In ten years Reagan appointees Scalia & Kennedy will be in their eighties, and probably either dead or retired.  The question will be who replaces them on the court, conservatives, moderates, or liberals?  (That question will also most likely apply to Ginsburg & Stevens, and together that's 4/9 of the court.)

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