Jag ([info]agrajag) wrote,
@ 2005-11-06 12:22:00
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Current mood: thoughtful

Legality of gay marriage
I just had a thought on the legal status of gay marriage. If you look at marriage as a contract between two people, then the government is denying certain people from signing that contract based on their gender. I'm almost certain there should be some kind of anti-discrimination law that could be used to present an attack for gay marriage with that thought process.

However, I can't recall of a court case being based off of this, so I'm guessing there's some flaw in my logic. Probably in the way marriage is a license and not a contract. Although I would still think that you couldn't deny licenses based on gender. Unfortunately, I don't know enough about the law to know for certain. Although if someone out there has some better ideas on this, I'd love to hear them.




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[info]eridan
2005-11-06 05:37 pm UTC (link)
Actually, I think it was in VA where they declared marriage to be equivalent to a contract, and stated that two persons of the same gender could not sign said contract.

I can't remember to be honest which state it was, but i'm just WAITING for the contract lawsuits for people trying to dissolve business partnerships based on the fact that both people on the contract are female or male.

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[info]tsaiko
2005-11-06 08:20 pm UTC (link)
That would be VA. They have screwed up all sorts of contracts that way. Don't know what, if anything, the government did to fix it. Given that they've also managed to screw up their labor laws pretty bad by invalidating an older law and thereby invalidating all laws referencing that law, I wouldn't put it past them to have just gone "Ooops!" and left it on the books. -_-

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