Re: California Court Decision on Gay Marriages Spider is correct.
People can, and have had, private marriages for ages. No government entity prevents this nor should it. These marriages can also be enhanced with other legal agreements and commitments that make them very similar to government approved marriages.
But there is no legal right to state sanctioned gay marriage just as there is no legal right to a polygamist marriage or even a straight marriage for that matter. That is NOT to say it would or would not be good public policy to allow gay marriages, but there is nothing in the constution, including the equal protection clause, that guarantees the right to gay marriage anymore than it does polygamist marriage.
Let me say once again, I am NOT making a value judgement on gay marriage, polygamist marriage or even a straight marriage for that matter but to point out just as government decides who is eligble to drive, who is eligble to practice law, who is eligible to enter into contracts, they decide who is eligible to marry. |