Prop 8 is to get a ruling today

[MysticCat]

Originally Posted by Ghostwriter

Loving vs. Virginia was a correct decision and a relatively easy one to make in hindsight. This was more about race and not a definition of marriage as it relates to man and woman. It did not address gay marriage nor was it considered to have done such.

No. of course it didn't. What it did do was was determine that laws prohibiting marriage between people of different races violate the due process clause and the equal protection clause of the Fourteenth Amendment. I agree that an argument can be made that this case is different because it can be seen as redefining marriage. But I can also see how the current case is the direct descendant of Loving.

The 14th Amendment was primarily concerned with apportioning 1 man/woman 1 vote. It overturned the Dred Scott decision. Again it does not address the claim for gay marriage unless one wants to cite the equal protection clause which I believe is more of an equal protection of a persons voting rights. Using due process is a huge stretch in my opinion.

I don't know of any court anywhere that would agree that the equal protection clause has to do only, or mainly, with voting rights. Aside from Loving, see Brown vs. Board of Education. Even Plessy v Furgeson (1896) held that the equal protection clause was designed to guarantee equality in civil rights. The idea that it has to only, or mainly, with voting rights is a dog that just won't hunt.

So yes, I believe that states rights were infringed by the Federal judge in this decision as the state simply defined their definition of marriage.

And I can see that point of view.

Originally Posted by Psi U MC Vito

^^ While that would be ideal, it will never happen because of all the legal aspects of marriage.

There is the model followed in some other countres where the legal union and religious aspects are separated. Legally, you appear before a government official (registrar, justice of the peace, etc.) to basically sign, seal and register the civil union contract. Then, if you want to, you head off to church (or temple, or wherever) for the religious ceremony.