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A Reply to Dennis Prager's Open Letter

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WINDUPBIRD DISEASE [S.K.U.M.M.]1/27/2010 5:11:01 pm PST

re: #276 Mich-again

The “problem” as I see it is that the Constitution did not give the Federal government the power to define marriage and neither did it exclude the States from that power, so the power to define it resides with the States.

For the Courts to just step in and impose their own definition to be applied across all the States, whatever that definition might be, would be a pure power grab.

This is incorrect. The power to define marriage resides partially with the federal government, by virtue of the fact that there are federal rights conferred to marriage that supersede individual states.

Unless you believe that there should be no federal rights conferred to marriage, and your marriage certificate has to be resigned for every state you enter. Whch would be a real pain in the ass, and completely silly, but that;s how it goes. Gays are still second class citizens, the law is still used to punish them under this misanthropic cover of “states’ rights.” Funny how “state’s rights” always seem to pop up when minorities are involved!