beaven
06-27-2013, 08:48 AM
There is a huge hole in the ruling on DOMA: Government "creating" marriage still establishes a class of people for government benefits that it denies others.
I wrote about it here: http://www.mattbeaven.com/2013/06/27/scotus-on-doma-the-huge-flaw-in-the-ruling/
The Supreme Court has struck down provisions of DOMA that prohibit the federal government from recognizing same gender relationships as marriage. The ruling’s argument has a gigantic hole. It states that the government cannot create a class of people to provide benefits that it denies to others. Not everyone is married and not every single person is single because they want to be. Single people are denied some government benefits. If the court followed its logic to the conclusion, it would prohibit government giving anyone any benefits based on marriage.
Those who advocate for same-gender relationships being declared as marriage by the state will seek advancement of their plan through Article IV, Section 1 of the US Constitution where states are required to recognize public acts, records, and judicial proceedings of the other states. Those opposed to state recognition of those relationships as marriage are at a disadvantage here. Because of this, those who oppose recognition of homosexual relationships as marriage must fall back to the next line of defense.
The next stage in the battle over marriage must be based on the hole in the court’s argument. Government cannot recognize marriage. In states that do recognize homosexual relationships as marriage, single people must challenge the law for being denied benefits under the law. The court must now carry its argument to the logical conclusion. From here, we must work through the Church to give her strength in her power to declare what is marriage and what is not. That will be a cultural battle in the hearts and minds of men, not the courts. But before we get there, we must act to strip government of their assumed power over marriage.
I wrote about it here: http://www.mattbeaven.com/2013/06/27/scotus-on-doma-the-huge-flaw-in-the-ruling/
The Supreme Court has struck down provisions of DOMA that prohibit the federal government from recognizing same gender relationships as marriage. The ruling’s argument has a gigantic hole. It states that the government cannot create a class of people to provide benefits that it denies to others. Not everyone is married and not every single person is single because they want to be. Single people are denied some government benefits. If the court followed its logic to the conclusion, it would prohibit government giving anyone any benefits based on marriage.
Those who advocate for same-gender relationships being declared as marriage by the state will seek advancement of their plan through Article IV, Section 1 of the US Constitution where states are required to recognize public acts, records, and judicial proceedings of the other states. Those opposed to state recognition of those relationships as marriage are at a disadvantage here. Because of this, those who oppose recognition of homosexual relationships as marriage must fall back to the next line of defense.
The next stage in the battle over marriage must be based on the hole in the court’s argument. Government cannot recognize marriage. In states that do recognize homosexual relationships as marriage, single people must challenge the law for being denied benefits under the law. The court must now carry its argument to the logical conclusion. From here, we must work through the Church to give her strength in her power to declare what is marriage and what is not. That will be a cultural battle in the hearts and minds of men, not the courts. But before we get there, we must act to strip government of their assumed power over marriage.