RE: Supreme Court Same Sex Marriage Argumet
June 29, 2015 at 3:02 pm
(This post was last modified: June 29, 2015 at 3:07 pm by Ace.)
(June 29, 2015 at 1:54 pm)Aristocatt Wrote: I googled "what is a civil right". Absolutely nothing about state's rights. The word homonym comes to mind.
Really you had to google it. hmmmm ok.
Civil Right means laws in the states/local. Remember this was an issue of law not social, economical, or common ideology. In law a civil right is a civil law/state law.
Take the civil rights movement, the right to vote was already granted to the African Americans not only in the constitution but also in the states constitutions of the ex-confederate south. (keep in mind that in order for the southern states to reenter into the union they all had to incorporate the 13th, 14th, & 15th, (the right to vote) amendments into their state's constitutions).
What stopped American Americans,(or make it very difficult to enact their right) from voting was not the federal government but the states, (state laws). The Jim Crow laws, (this is the name given in history for this particular time and type of state laws) /state laws had been set to favor all non-African Americans, (Native Americans are mostly under federal laws, depending).
Example, in order to vote all citizens of, (lets say Mississippi) had to complete a reading test to show that the people can both read and understand what they read. The differences was that the reading test for the whites was very simple, like reading the title The Three Little Pigs. The test for the blacks were intentionally difficulty and set up so non could pass, like a full page form Webster dictionary.
Because states have the right, even today, make laws that pertain to the state interest such as voter laws. (10th Amendment). To over ride a states law that the state dose not wish to undo, either the action of a Federal Law or a ruling from the Supreme Court can change it. (however, states do have some action that they can do to not have to enact a federal law or supreme court ruling) This is Checks and Balances
Thus, same sex marriage needed the either the states to change their laws or the federal government to step in to compel the states to change their laws. It is the state laws, (civil Laws) that denied the marriages not the federal.
I hope my writing is understandable. Sorry not a good writer in English. It was not my first language.