From Seattle writer and consultant Matt Rosenberg...

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Gay Marriage: A State Affair

March 28, 2004

The common sense backlash continues against activist local elected officials trying to issue licenses for gay marriages. Here's the latest from New Mexico.

A state district court judge has issued a temporary restraining order against the Sandoval County Clerk, who wanted to issue gay marriage licenses because there is no state law against it.

The Santa Fe New Mexican reports that the judge's order....

said the legality of same-sex marriages should be settled statewide, not county by county.

'Sandoval County is not an island unto itself,' his order states.

That's why a vote on President Bush's proposed constitutional amendment to ban gay marriage is actually a good idea. If it DID pas the U.S. House and Senate with the required two-thirds majority; it would then still have to be ratified by three-fourths of the country's state legislatures. If the amendment failed - as it well might - it would be clearer still that the issue needs to be settled by states, not localities.

And if the amendment somehow passed that daunting threshhold, it would be clear the decision was the will of the states. Either way, the states decide. The proposed amendment would likely include language for civil unions between same-sex couples.

Posted by Matt Rosenberg at March 28, 2004 07:28 AM


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Comments:

Matt,

I agree. I am leaning toward the Constitutional Amendment route. This type of huge policy change must go through the messy politcal process. So we can disagree and work the process and come up with a result that everyone respects because it was forged by the process. The judges want to simplify the process for us. But we can see with Roe v. Wade that it did not work; it is even messier! Their job is not to legislate, but to ensure the laws are properly enforced.

Posted by: Ron Hebron at March 28, 2004 09:09 PM

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