My knowledge of laws & politics is limited, so if gay marriage is legalized, would it stay legal?
Topic: How to write a policy brief example
May 26, 2019 / By Isabel Question:
As in, could someone in power (like a new President or something) come along and make it illegal again???
Yeah see, I don't know jack about politics/laws and how they work....XD
Best Answers: My knowledge of laws & politics is limited, so if gay marriage is legalized, would it stay legal?
Elfrida | 7 days ago
It is rather complex.
Marriage laws are set at the state level. All the states must operate under the federal constitution and laws, and any federal law trumps state law. For example, medical marijuana has been legalized in several states, but under federal law marijuana is a controlled substance and state-legal dispensaries are being shut down by the feds.
If a state grants a marriage, under the Full Faith and Credit clause of the US Constitution, all other states must honor that marriage even if it would be deemed illegal in their state. For example, if some state granted a marriage between a 12 year old and her brother, all other states must accept that as a legal marriage.
HOWEVER, in the 1980's Hawaii was poised to approve legislation granting same-sex marriages. Congress lept into action and created the Defense of Marriage Act (DOMA) which gave states the ability to deny marriages performed elsewhere if they were illegal in their state. That law has ONLY been applied to same sex marriages legally performed in states where they are permitted, and violated the Full Faith And Credit clause of the US Constitution. Unfortunately, it will probably take a decision by the US Supreme Court to overturn DOMA (since Congress seems unwilling to reverse the discriminatory law) and court cases take a long time to wind through the system.
Some states have voted in state constitutional amendments banning gay marriage. Several of these states are now regretting that hasty decision as the population has shifted toward acceptance. California had legal same sex marriages for a brief time until a new law was enacted by popular majority vote to ban them. A court case is slowly working through that state, but signs are that the law will be overturned, either by court decision or by another popular vote.
A President cannot create laws. He signs and validates laws that are written by Congress. Neither can he invalidate laws. A President can dictate policy or suggest laws. President Clinton created Don't Ask Don't Tell when he was in office with the intention of letting gay servicemen and women serve without fear of reprisal or investigation (unfortunately, it had the opposite effect) and which President Obama has just repealed allowing servicemembers of all orientations to serve openly. President Obama has informed the Justice department to stop enforcing DOMA and has stated it should be repealed, but he has no direct power to remove the law.
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Not unless the popular vote decided to make it illegal again. And one person couldnt exactly just "make it legal" not even the president, you'd need either the majority of the population or at least the majority of Congress to agree with you first
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To be completely honest I don't think it matters who is the president is or if he/she is all for gay marriage unfortunately it will never be legalised. Well not in the near future anyway there are too many people and organisations that opposed to it.
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Generally it is much harder to take away a right than to grant it.
It would be tantamount a a president reinstating slavery.
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Originally Answered: Since Conservatives love business, why don't agree with businesses that want Gay Marriage to be legalized?
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