Marriage and states' rights

[_floatingboy]

I was just thinking yesterday about how certain states are legalizing homosexual marriage (most notably California), confirming the fact that such issues are within state's rights (which I think is appropriate). So, if marriage is not a federal issue and is best left to each state, looks like this is Utah's chance to reinstate polygamy! Seriously, what's to stop them? The only reason they stopped was to honor the laws of the land:

"Inasmuch as laws have been enacted by Congress forbidding plural marriages, which laws have been pronounced constitutional by the court of last resort, I hereby declare my intention to submit to those laws, and to use my influence with the members of the Church over which I preside to have them do likewise."

Wilford Woodruff
Official Declaration 1

Looks like the precedents are in place...they just have to be able to use gay marriage to help overturn the Morrill Anti-Bigamy Act and Reynolds vs. the United States.

It's also probable that I have no idea what I'm talking about.

[_KimberlyAnn]

Hi, Floatingboy.

A friend and I were discussing this exact topic earlier today.

Barring the inability to overturn the Morrill Anti-Bigamy Act, I see nothing stopping any state from legalizing polygamy. Utah isn't likely to push for legalized polygamy, as the Mormon church is desperately trying to distance itself from that aspect of its history.

Who knows? Perhaps a state which has already passed laws allowing gays to marry will be the first to extend legal marriage to polygamists, ridding Utah of its FLDS embarrassment.

KA

PS. For the record, I support gay marriage.

[_floatingboy]

yeah, i guess i was trying to point out the irony of the fact that there's no way in hell the church would try to reinstate it.

[_KimberlyAnn]

The irony in your post is clear, Floatingboy, no "guessing" about it.

I was (am) just too tired to meet your irony with even a scintilla of wit.

Maybe next time.

KA

[_Brackite]

Hello,

Here is the Part of the Utah State Constitution, That Prohibits the Practice of Polygamy:

ARTICLE III

ORDINANCE

The following ordinance shall be irrevocable without the consent of the United States and the people of this State:

[Religious toleration. Polygamy forbidden.] First:--Perfect toleration of religious sentiment is guaranteed. No inhabitant of this State shall ever be molested in person or property on account of his or her mode of religious worship; but polygamous or plural marriages are forever prohibited.

...

ARTICLE XXIV

SCHEDULE

Section 1. [Actions, contracts, etc., to continue.] In order that no inconvenience may arise, by reason of the change from a Territorial to a State Government, it is hereby declared that all writs, actions, prosecutions, judgments, claims and contracts, as well of individuals as of bodies corporate, both public and private, shall continue as if no change had taken place; and all process which may issue, under the authority of the Territory of Utah, previous to its admission into the Union, shall be as valid as if issued in the name of the State of Utah.

Sec. 2. [Territorial laws continued.] All laws of the Territory of Utah now in force, not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or are altered or repealed by the Legislature. The act of the Governor and Legislative Assembly of the Territory of Utah, entitled, "An Act to punish polygamy and other kindred offenses," approved February 4th, AD 1892, in so far as the same defines and imposes penalties for polygamy, is hereby declared to be in force in the State of Utah.

( Link: http://www.onlineutah.com/constitution.shtml )



And, Here is the Part of the Arizona State Constitution, That Prohibits the Practice of Polygamy:

Article 20:

Second. Polygamy

Second. Polygamous or plural marriages, or polygamous co-habitation, are forever prohibited within this state.

( Link: http://www.azleg.gov/FormatDocument.asp ... t/20/2.htm )

[_Brackite]

Article 30, of the Arizona Constitution, disallows the recognition of both Plural Marriages and Same-Sex Marriages.

Here is Article 30, from the Arizona Constitution, Banning Same-Sex Marriage:

ARTICLE XXX. MARRIAGE

1. Marriage

Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

( Link: http://www.azleg.gov/FormatDocument.asp ... t/30/1.htm )



Here it is again, on another Web Site Page:

CONSTITUTIONAL AMENDMENT

Between one man and one woman

ARTICLE XXX. MARRIAGE

1. Marriage

Section 1. Only a union of one man and one woman shall be valid or recognized as a marriage in this state.

(Arizona Const. Art. XXX, Section 1) (Proposition 102)

( Link: http://www.domawatch.org/stateissues/arizona/index.html )



The State of Arizona only legally Recognizes a Marriage between one man and one woman. Both Plural Marriages and Same-Sex Marriages are Not legally Recognize within the State of Arizona.
Proposition 102, Passed with 56.19% of the Votes, within the Great State of Arizona in November of 2008.

Here is the Amendment to the Colorado Constitution, Banning Same-Sex Marriage:

CONSTITUTION

Only the union of one man and one woman shall be valid or recognized as a marriage in the state of Colorado.

(Colorado Constitution, Amendment #43, approved by 56% of voters on Tuesday, November 7, 2006)

( Link: http://www.domawatch.org/stateissues/co ... index.html )



The State of Colorado only legally Recognizes a Marriage between one man and one woman. Both Plural Marriages and Same-Sex Marriages are Not legally Recognize within the State of Colorado.


In other News, the State of New Hampshire has just became the sixth State to legalize Same-Sex Marriages.

Please Check Out and See:

New Hampshire Latest State To Allow Same-Sex Marriage:
http://www.mtv.com/news/articles/161328 ... ndex.jhtml


I do believe that the States have the right if they want to legally recognize Same-Sex Marriages, or the right to not want to legally recognize Same-Sex Marriages.

Here is the Tenth Amendment to the United States Constitution:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

I do believe that the States of Arizona and Colorado had and has a right according to the Tenth Amendment of the U.S. Constitution, to not to legally recognize Same Sex Marriages, and I do believe that the States of Vermont and New Hampshire had and has a right according to the Tenth Amendment of the U.S. Constitution, to legally recognize Same-Sex Marriages.

[_harmony]

Utah isn't likely to push for legalized polygamy, as the Mormon church is desperately trying to distance itself from that aspect of its history.

Well, of course the Brethren are trying to distance themselves and the church from polygamy. I mean, geez... look at them! They're all old! Joseph was a man in his prime... he had different needs and God knows God knew it! The Brethren now would ex Joseph in a flash.

[_Gadianton Plumber]

Other ironies:

1. Jesus Christ could not get a temple recommend. (The wine)

2. Brigham Young could not go to Brigham Young. (Funky beard)

3. Joseph Smith could not be Mormon. (Polyandry against DC 132)

4. Jacob could not be Mormon. (concubines anyone?)

Add more here, if you like.

[_Brackite]

Here is the Amendment to the Utah Constitution, Banning Same-Sex Marriage:

CONSTITUTION

Approved by the electorate on November 2, 2004:

Article I, Section 29. [Marriage.]

(1) Marriage consists only of the legal union between a man and a woman.

(2) No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

Section 2. Submittal to voters.

The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.

Section 3. Effective date.

If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2005.

( Link: http://www.domawatch.org/stateissues/utah/index.html )



From Wikipedia:

Utah Constitutional Amendment 3 is an amendment to the Utah state constitution that defines marriage as a union exlcusively between a man and woman. It passed in the November 2, 2004 election, as did similar amendments in ten other states.

The amendment reads as follows:

1. Marriage consists only of the legal union between a man and a woman.
2. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect.

( Link: http://en.wikipedia.org/wiki/Utah_Const ... mendment_3 )



Please Noticed the little difference between the Constitutional Ban of Utah's Amendment 3, On Same-Sex Marriage, and between the Constitutional Ban of Arizona's Article 30, Section One, On Same-Sex Marriage. The Constitutional Ban of Utah's Amendment 3, on Same-Sex Marriage, States, ' between a man and a woman', instead of Stating, 'one man and one woman', like the the Constitutional Ban of Arizona's Article 30, Section One, on Same-Sex Marriage