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Sarah Palin is supporting a national ban on gay marriage. She told the Christian Broadcasting Network (CBN) that she supported a Constitutional amendment that would ban same-sex unions, because she believes that marriage is the union of a man and a woman. This view is contrary to the positions of her running mate, Senator John McCain.

Senator McCain is against a federal mandate in the Constitution that defines marriage as solely between a man and a woman. McCain is against same-sex marriage and believes but that it is a matter that should be settled at the individual state level. In fact, he has sponsored a ballot initiative (to be voted on Election Day) in his home state of Arizona banning same-sex unions.

But this is not the first time the two have had divergent opinions on issues. Governor Palin stated that she would support missions into Pakistan to go after terrorists, something Senator McCain disagrees with, citing Pakistan's national sovereignty as something that must be respected. And Senator McCain, although he is anti-abortion, believes that in the cases of rape and incest, the individual should have the right to choose whether or not to terminate the pregnancy. Sarah Palin believes that the only way a fetus should be legally aborted is when the mother's life is endangered.

Palin maintains that she is tolerant of gay issues but draws the line at marriage. As governor she told CBN she vetoed a bill that would have denied gay partners the benefits of gay state employees. Palin also admitted to voting for the Alaska amendment to ban gay marriage in Alaska in 1998. She told CBN: “I have voted along with the vast majority of Alaskans who had the opportunity to vote to amend our Constitution defining marriage as between one man and one woman. I wish on a federal level that's where we would go. I don't support gay marriage,”

Is There A Necessity For A National Gay Marriage Ban?

Regardless of personal opinions about the lifestyle, homosexuals are human beings and as such are to be accorded the same respect and due process of law given heterosexuals. As citizens of the United States of America, homosexuals have the same inalienable rights as heterosexuals, because there is no distinction between homosexuality and heterosexuality in the Constitution. There are only citizens, the people of the United States.

Any national law that might somehow find passage through both the House of Representatives and the Senate will more than likely, through application of Constitutional Law, be struck down as discriminatory. It will also be seen as a moral issue dependent upon religious viewpoint, which, by Constitutional definition of non-governmental involvement of matters religious, cannot be interfered with one way or another. It is unknown if the United States Supreme Court would even consider rendering a decision on the matter.

Some states may allow for a more loose definition of the rights of the citizens of that particular entity. This in turn may allow for such publicly mandated and state constitutionally permissible measures. However, in some states, if the law is challenged, it might be overturned as unconstitutional (as was the case in California in May, 2008) simply due to the fact that many of the states' constitutions mirror that of the federal Constitution of the United States.

Still, most marriage laws and regulations are administered at the city and/or county level. Actual ceremonies are carried out by city or county agencies or within traditional religious venues. Regulations for marriages generally only require that a license be applied for and paid for at the appropriate agency before the actual marriage takes place. There are rarely any constraints or requirements other than payment of a license application fee and identification proof of the applicants. Agencies require blood tests in eight states - including Georgia, Indiana, and Massachusetts - to determine if the parents have diseases that might be passed to a succeeding generation.

State laws rarely define marriage, but, like in Texas, Georgia, and Michigan, several have made the definition part of their states' constitutions and legally ban same-sex marriages. This is due to the debate over whether the state has jurisdiction over the matter. Up until recently, states had usually let the matter be settled within the religious tenets of the participants or at the local level. But anti-gay marriage movements have forced many states to take a position and define marriage in their respective constitutions as the legal union between a man and a woman and prohibiting same-sex unions. States' arguments that doing so might interfere with freedoms of religious practices were countered with states' legal requirements to be licensed.

Currently, the federal position on same-sex marriage is that it is not recognized as a legal union, as per the Defense of Marriage Act, which makes a Constitutional Amendment pointless at best. However, three states allow same-sex marriages at present: California, Massachusetts, and Connecticut. Seven other states and the District of Columbia allow same-sex legal partnerships on various levels. At present, 26 states have constitutionally banned or have state statutes banning same-sex marriage.

The entire Sarah Palin interview with CBN was broadcast on Tuesday, October 21.

Source:

Associated Press

USMarriageLaws.com

Wikipedia.org

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