A quick word of clarification, I am not in favor of gay marriage. Before the hateful comments flow in I feel I should explain.
Marriage is a creation ordinance given by God to humanity and therefore we are in no position to redefine what it is.
However! The govt does not have the right to issue contracts to hetero couples and not gay couples strictly because of sexual orientation. This is blatant discrimination and must be stopped.
If DOMA is allowed to stand then contracts written in any state would then be subject to re-ratification in any other state including marriage. It clearly is a violation of the constitutional mandate that states recognize each others legally binding agreements without it there is no federal government at all but a loose confederation of sovereign states.
The govt grants special rights to married couples concerning taxation, property, privacy, etc. even going so far that a will need not be written if a surviving spouse is willing to claim the property of the deceased. All of these rights are granted under a binding contract issued by the govt which has nothing whatever to do with the marriage ceremony itself.
Marriage is a Church institution and therefore is not subject to oversight of govt enforcement as to who the Church does or does not allow to get married. Separation of Church and State cuts both ways.
So what to do.
The Church should divorce itself from the govt, give back its perks granted to it for marriage and, Heaven forbid, make the couples seeking marriage draw up the legally binding contracts concerning property etc. However the tax is perk would probably vanish forever.
This would untangle the knot because then if states chose to issue these contracts to homosexual couples then no marriage ceremony of any sort would be needed. The legal grounds on which these cases are being pursued would vanish because then any couple wishing to enter such a contract could without being discriminated against because of Church conventions. And the Church could grant marriage to whomever it saw fit as a Church institution without being subject to lawsuit because those who were refused marriage would not suffer loss.
I realize that this is very simplistic but I think a solution to the problem would look something like this.
Just Thinking.
God Bless.
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