Constitutionality of Banning Same-Sex Marriage | 16 comments (16 topical, 0 hidden)
check this out (none / 0)
Article 1
Section 10 - Powers prohibited of States

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Banning same sex marriage is passing an ex post facto law, a bill of attainder, and impairing the obligation of contracts.

by birdboy1 on 06/12/2009 11:57:23 AM EST

sorry for not defining the terms (none / 0)
In the context of the Constitution, a Bill of Attainder is meant to mean a bill that has a negative effect on a single person or group (for example, a fine or term of imprisonment). Originally, a Bill of Attainder sentenced an individual to death, though this detail is no longer required to have an enactment be ruled a Bill of Attainder.

an Ex Post Facto law is every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. Every law that aggravates a crime, or makes it greater than it was, when committed. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. 4th. Every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender.

from www.usconstitution.net

by birdboy1 on 06/12/2009 12:03:35 PM EST

[ Parent ]
Expand please? (none / 0)

Would you please expand your argument further?

I would like to read more about why you made this conclusion.

by DemonicBunny3po on 06/12/2009 02:21:22 PM EST

[ Parent ]
glad to explain (none / 0)
Ex Post facto law: a law that makes something illegal that was legal before.  Do I really need to explain this one?  
Bill of attainder:  a law that denies certain groups certain rights.  again, self explanitory.  
now for the contracts, a marriage is a contract, right?  So if you ban same-sex marriage, you ban the making of that certain contract between two people of the same sex.  This is unconstitutional.  The government is not allowed to impair the obligation of contracts.

by birdboy1 on 06/12/2009 07:16:44 PM EST

[ Parent ]
Your argument seems good... (none / 0)

But, I think your argument is only good if the government tried to appeal the marriages already made, not for those not yet made.

In fact, there was a court case not too long ago that help prop 8, but said the marriages made while legal where still valid.

Sorry if I am not seeing how your argument prevents the banning of people getting a same-sex marriage.

by DemonicBunny3po on 06/14/2009 06:37:37 PM EST

[ Parent ]
you're right (none / 0)
on impairing the obligation of contracts: that is only on the existing marriages.  But the ex post facto law is not allowed to be passed, and banning same sex marriage is still a bill of attainder

by birdboy1 on 06/14/2009 09:38:55 PM EST

[ Parent ]

Constitutionality of Banning Same-Sex Marriage | 16 comments (16 topical, 0 hidden)