Could someone answer this 2-part question I have about the legal future of the same sex marriage debate?
I know that at present the issue of same sex marriage is decided at the state level, but I hold a couple of questions about what might happen if it is ever contracted at the federal level. 1. In theory, could the congress make a tenet which would be for or against same sex marriage? 2. If the United States Supreme Court were to weigh in on the subject, what would vitally be the process in which this would happen?
Best Answer:
the meaning of marriage has be around long before the United States Supreme Court or the congress so it takes precedent over anything that challenges it's structure, Monday is Monday not Saturday, AM cannot be PM, the sun is the sun can never be the moon
First of adjectives, i do have a lot of knowledge surrounded by this subject since i took AP US Govt and politics. States decided on same sex marriage because of their state rights which is guaranteed to them in the tenth amendment. The US supreme Court solitary gets involved in matters, concerning if the event is Constitutional or not. If the US supreme Court got involved, then they would look at gay marriage as an Constitutional Basis. However in attendance were court cases about gay marriages, the first one go against gay marriages, and the second one uphold same sex marriage, so it is state rights. However today most of the USA have ruled out gay marriage.
Congress would hold a tough time doing this, as regulating marriages is really a state law issue. The only bearing the federal gov't (Congress or the U.S. Supreme Court) is if it is a federal constitutional issue. The U.S. Supreme Court could only weigh in if the State Supreme Court ruled on a state law on the cause of the federal constitution. In other words, if the state supreme court said that banning same sex marriages violates their state constitution (like Iowa's Supreme Court did), the U.S. Supreme Court would not enjoy authority to review that, since they cannot interpret state constitutions.
Well within regards to 1, yes they could pass a legislation, but it would be difficult. Without sounding biased either bearing these sorts of issues have never fared well within the legislative process which is why they are always run through the court system It's easier to convince a few judges than 500 or so legislators. It's not impossible, but it would be time consuming and difficult. With the 2nd the only agency to get to the supreme court is through appeal of a lower court decision. So in the referenced put somebody through the mill there would have to be a court ruling overturning a piece of legislation, say a exclude on same sex marriages. Then an appeal would be filed in federal circuit court and if that court held the decree then an appeal could be filed with the supreme court. And next it would be up to the judges if they wanted to hear the case.
1. Yes they could but I wouldn't hold my breath. 2. It could be appealed from a state supreme court to go to the federal.
