Friday, April 30, 2010

Those folks over in D.C.

So remember when the District of Columbia legalized same-sex marriage? (I did a news story on this, by the way, and it's in my resume reel if you want to see it! )

I was thinking the other day, after a discussion with my very insightful husband :)
Marriage law has long been interpreted as being under the jurisdiction of states; essentially, most believe the federal government has no business regulating marriage.

When you apply for a marriage license, it's issued by your state. Regardless of your opinion on gay marriage, one thing is clear: marriage laws are getting stickier and stickier. It seems that congress will eventually have to take a stand because it's just silly to be married in one state and not another. But I digress.

So, marriage law is left to the states. Well the District of Columbia legalized same-sex marriage in March. But D.C. is not a state. Doesn't some city council have no business making marriage laws?
But then, more or less, D.C.'s version of a "state legislature" is the federal congress itself (more or less). But wait, isn't the federal government supposed to keep its nose out of marriage law?
Well here's a bit of a pickle. Does anybody else see this as not quite right? If it were only from a jurisdiction standpoint, I don't see how the D.C. council was authorized to make that sort of decision. (those of you who actually know what you're talking about with regards to law, I'd love your input)
It seems to me that this needs to be decided by a bigger body. Why not get Congress involved?

And here's another point: a BYU law professor that I spoke to said this just looks like officials trying to force gay marriage down peoples' throats; nobody in D.C. voted on this issue either and he believes that such a hot topic should be taken to popular vote.

How do you feel about this? Doesn't this all feel terribly sketchy?

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