Gay Marriage and U.S. Law
I remain very conflicted about the gay marriage idea, which I think is being rushed into the public forum without respect for religion, tradition or law. I'm not against the idea; I'm just unwilling to be for an idea that turns world history on its head based upon a few years of aggressive politicizing from special interest groups. I need a few more years, maybe a few more decades, to think through the ramifications. David Frum does a very nice job of pointing out huge problems affecting federalism and comity in connection with the recognition in some states and not in others of gay marriage. I've heard people point out that conservatives are inconsistent because they want federalism for abortion (legal in some states, but not in others), but reject federalism for gay marriage. The fact is, though, that abortion is a finite event that takes place in a concrete geographic location. Marriage is a relationship, an intangible with real legal consequences, that follows people about from place to place. Frum is absolutely right that federalism and comity cannot exist in the same universe when a fundamental relationship is accepted in some places and not in others.
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