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re: Would it be constitutional for a state to promote natural marriage?

Posted on 8/20/14 at 9:15 am to
Posted by GumboPot
Member since Mar 2009
118743 posts
Posted on 8/20/14 at 9:15 am to
quote:

Just so I'm clear with this, you want a tax credit because a man marries a woman, and then you see no issue with that.


Personally, I want all levels of government out of marriage.

But back to the OP...I'm bringing up this hypo (that has the potential to become real) and looking for feedback on its federal constitutionality.

quote:

Hell, if you really want to debate, homosexuals have higher wages and save more per multiple studies. Maybe we should incentivize that :D


Sure. Absolutely, if that's the state legislature's prerogative. Would that be federally constitutional to promote gay marriage though state legislation? Probably. It should also be federally constitutional for a state to promote natural marriage through legislation too.
This post was edited on 8/20/14 at 9:18 am
Posted by Motorboat
At the camp
Member since Oct 2007
22672 posts
Posted on 8/20/14 at 9:24 am to
quote:

Would it be constitutional for a state to promote natural marriage?


The state seems to have no problem promoting Medicaid programs in Ethnic grocery store parking lots. What's the real difference?
Posted by GumboPot
Member since Mar 2009
118743 posts
Posted on 8/20/14 at 9:32 am to
quote:

The state seems to have no problem promoting Medicaid programs in Ethnic grocery store parking lots. What's the real difference?


Apparently promoting the film industry is constitutional. Prompting renewable energy with tax credits is constitutional. I mean the list goes on and on.

I don't see a difference.

Is there something special about marriage that it cannot be parsed by legislation and thus one form of marriage can be promoted over other forms?
Posted by cwill
Member since Jan 2005
54752 posts
Posted on 8/20/14 at 9:55 am to
quote:

For example, could at state offer tax credits to natural marriage couples to incentivize or promote this from of marriage without violating he 14th (because the legislature of said state views natural marriage as a legitimate state interest)?


No.
Posted by Haughton99
Haughton
Member since Feb 2009
6124 posts
Posted on 8/20/14 at 10:14 am to
quote:

natural marriage


What a crazy term. There is nothing natural about marriage. It is completely man made institution. I think the word you were looking for is traditional.

To your question. I'm sure many states would try to pass a law like what you are suggesting but it would be quickly struck down in the courts as unconstitutional. States waste time everyday passing obviously unconstitutional laws just to pander to their constituents though.
Posted by GumboPot
Member since Mar 2009
118743 posts
Posted on 8/20/14 at 10:17 am to
quote:

To your question. I'm sure many states would try to pass a law like what you are suggesting but it would be quickly struck down in the courts as unconstitutional. States waste time everyday passing obviously unconstitutional laws just to pander to their constituents though.



Why would it be unconstitutional? Under the scenario I presented the state wouldn't outlaw marriage they would just incentivize one type of marriage over the other. What makes marriage so special that it cannot be legislatively parsed?
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 8/20/14 at 10:17 am to
quote:

stuff like this is why the state should stay out of marriage.
Logically, this possibility isn't on the table.
Posted by Semaphore
a former French colony
Member since Jan 2013
275 posts
Posted on 8/20/14 at 10:20 am to
If you have to ask, you're hopelessly lost.
Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 8/20/14 at 10:36 am to
quote:

WTF is "natural marriage"?


Hetero marriage.

so if I married my sister it would be natural where as if i married my brother it would be unnatural?

this is ridiculous.

This is why the right has serious issues with rational people. This obsession about gays.
Posted by GumboPot
Member since Mar 2009
118743 posts
Posted on 8/20/14 at 10:49 am to
quote:

so if I married my sister it would be natural where as if i married my brother it would be unnatural?


I don't think the term natural marriage infers incesteous marriage.

quote:

this is ridiculous.


Lol...you seem offended.

Posted by Hawkeye95
Member since Dec 2013
20293 posts
Posted on 8/20/14 at 10:52 am to
quote:

Lol...you seem offended.


i am pretty much unoffendable.

but your premise is slightly ridiculous. I would go with the term "traditional" marriage if i were you.
Posted by GumboPot
Member since Mar 2009
118743 posts
Posted on 8/20/14 at 11:04 am to
quote:

I would go with the term "traditional" marriage if i were you.


I got the term "natural marriage" from the article I linked on the first page. I just went with it. It seems like a term that would grab attention and rustle a few jimmies. lol
Posted by Vegas Bengal
Member since Feb 2008
26344 posts
Posted on 8/20/14 at 11:08 am to
quote:

anybody will soon be able to "marry" their monkey's uncle,


You're clearly looking forward to this.

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