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The legalization of gay marriage in North Dakota is approaching

December 30, 2013 - Andrea Johnson
What's the difference between Utah's constitutional ban against gay marriage and North Dakota's? Nothing, and that very likely means gay marriage will be legal in this state far sooner than most people expect.

Earlier this month, a U.S. District Court judge ruled that Utah's ban on gay marriage violates the equal protection clause of the U.S. Constitution. Last week, the 10th Circuit Court in Denver turned down Utah's request for an emergency stay that would have put a halt to gay marriage in that state. Utah now plans to appeal the case to the U.S. Supreme Court.

Utah's constitutional amendment, passed in 2004, reads: "Marriage consists of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." North Dakota's constitutional amendment, passed by voters the same year, is identical to Utah's.

The Supreme Court has already ruled last summer that the federal Defense of Marriage Act is unconstitutional because it violates the equal protection clause of the Constitution. Under that ruling, gay couples who live in states where gay marriage is legal are entitled to receive federal benefits. The Utah case ought to give the Supremes a chance to finish the job and make gay marriage legal across the whole of the United States.

Perhaps legislators will decide to be sensible and pass uniform marriage laws so that anyone who is married in one state is also married in another. That should apply equally to first cousin couples, gay couples and couples of varying ages.

Gay marriage is now legal in Massachusetts, California, Connecticut, Iowa, Vermont, New Hampshire, District of Columbia, New York, Washington, Maine, Maryland, Rhode Island, Delaware, Minnesota, New Jersey, Hawaii, Illinois, New Mexico, and Utah. It is illegal in other states.


Article Comments



Jan-01-14 3:26 PM

Andrea, I don't know either what it would take; if I did I would already be offering it; but medical treatments amazed me all through my nursing career. I think back to one toddler who literally was nothing more than a chemical pin cushion and his body would respond to each. How do we know if a hormonal therapy designed to cross the blood brain barrier would not correct some insufficiency.


Jan-01-14 3:14 PM

I don't think there is anything that can be done to change sexual orientation. Conversion therapy is not effective and can actually be harmful. Every study I've seen done suggests that sexual orientation is complex and is probably influenced by genes and the environment in the womb or certain influences in early childhood. People can certainly choose not to act on their sexual attractions. The Catholic Church teaches that gays should be celibate, as should all unmarried heterosexuals. Still, that's probably easier said than done for most people.


Jan-01-14 3:02 PM

I apologize. I did misread your post. But, it is the self loathing and the deep desire to be like everyone else, or normal that drives them to suicide and other self destructive behaviors. that is why I do believe nearly all would jump at the chance to take what ever would change them to a heterosexual. they didn't ask to be born that way any more that one asks to be born with a cleft lip. Maybe we as a society should demand a corrective intervention.


Jan-01-14 2:59 PM

And, speaking of religious beliefs, every mainstream Christian church teaches that gays are valued children of God. It's homosexual behavior that is considered "disordered" by the Catholic Church, but the person himself is not. The more liberal churches have accepted gays and have conducted religious ceremonies to bless gay marriages. Not all churches have the same teachings regarding gay marriage.


Jan-01-14 2:53 PM

If you bothered to read what I wrote, you would have seen that I said I do NOT doubt that you have cared for kids who feel that way. However, I think it's likely that they feel that way because of the way they are treated and the environment in which they live and perhaps their religious beliefs.


Jan-01-14 2:50 PM

YOu doubt that I have cared for kids who attempted suicide. Well, then I guess they were lying. Just because that doesn't fit into your world as you wish it to be or is, you reject it. That is why you should not be a journalist. Well, I guess you are not, you are just a blogger.


Jan-01-14 2:33 PM

What came first, the chicken or the egg?

Disgusted, I don't doubt that you have seen kids who are suicidal because they have come to the realization that they are gay and want to be "normal." I have also walked down small town high school hallways in this area and heard kids calling it each other "gay" and other pejoratives meaning homosexual as an insult. I would assume that it's still hellish to be a gay teenager in a small town in North Dakota, though it's probably better than it was a decade or so ago. Kids who are bullied or made to feel like freaks are also more likely to be suicidal, unfortunately.

I do think people have every right to oppose gay marriage and refuse to associate socially with homosexuals. I also think that churches should not and probably will not be forced to marry anyone against their teachings. But I also don't think there's any good reason to deny civil marriage to gays or to allow businesses that serve the public to refuse to serve ga


Jan-01-14 2:16 PM

Of course I'm being ridiculous. Isn't that the point?

"The entire state is crawling with racists, homophobes and misogynists. It's how they were raised and they're too stupid to learn anything different.

The only way things will change is when enough of these old haters finally drop dead."

I'm a racist because I disagree with the president on most issues.

I am a homophobe because mere acceptance of homosexuality is no longer the standard. It must be celebrated.


Jan-01-14 1:03 PM

But the law is no expedient to changing societal values. The law is a reflection of those values, not the other way around.

So what happens when gay marriage is recognized by the law in every state of the union. Are individuals going to be any more accepting of the concept? Are we going to be required to accept homosexuality as normal, if not celebrate it openly? In absence of that will we be charged with a hate crime?


Jan-01-14 12:57 PM

To those that believe that believe the goal of the gay marriage agenda is all about getting those government bennies -- that certainly is a component, but I don't think it's the whole picture. For the record, I'm with Matt. Get government out out of the marriage business. For all I know, that may be the only thing on which Matt and I agree. I'll take full ownership of the points I'm about to make.

Homosexuallity is deviant behavior. Anyone that wishes to challenge that statement, I encourage you to look up the definition of deviant. It has existed throughout history, and has been considered deviant behavior throughout history.

The big push of the gay marriage agenda is to force society to legitimize or normalize homosexuality - in effect, to codify societal norms.


Jan-01-14 12:56 PM

Disgusted. "Words have meanings."

Correct. Want proof, anyone? The fact is that you still have to insert the word "gay" before "marriage" to identify it as that special kind of marriage between two people of the same sex.

I'm personally looking forward to the time we don't have to do that anymore - when you talk about marriage, and it can mean anything you want it too. ;}

When words can mean anything, they mean nothing at all.


Jan-01-14 12:10 PM

Actually NewinND ..

The whole gay sleep with your dog type relationshils have pretty much ruined marriage in total..

Its the goal of the liberal left to beome a Government controlled class who can FORCE you to sleep with people of THEIR choice...

Just like they have FORCED people to see the Doctors they choose for them..

Marriage is not Holy matrimony anymore its been slaughter and slandered by Lesbians and Gays to make themselves feel good about the activity that goes on in their bedrooms..

And NewinND// You really don't care if adults are forcing themsleves on their children in their own bedrooms either then right????

How long before that will become legal? Its juts a matter of time.. Andrea is promoteing several wives.. Age be dammed in those colonies/sex orgies/ hippie communes...

Then when it happens to your 13 year old you cry like a baby....


Jan-01-14 10:58 AM

Why is everyone so concerned with what goes on in other people's bedrooms? I thought the repugs and teapartiers want the government out of their personal lives. Marriage is a civil procedure. You need a license to get married, even if you choose to get married in your church. You are not married until the government recognizes your license. Marriage is a civil contract between two people.

And there is no "sanctity" of marriage. Take a look at the bachelor or people getting married for citizenship or getting married for military benefits. To throw the sanctity of marriage argument into the conversation is a joke.


Jan-01-14 10:56 AM

The word 'gay' was originally used to refer to feelings of being "carefree", "happy", or "bright and showy". When you hear the word 'gay', is that what comes to mind?

So now they aren't born that way, their environment makes them gay. Andrea, have you worked with young men and women who have attempted suicide as they come to the realization that they are homosexual? All they want to be is 'normal'.


Dec-31-13 11:44 PM

Actually, homosexual behavior does occur in animals to varying degrees, just as it does in humans.


Dec-31-13 11:41 PM

Wow You can bet your bippy that if they decide they want to call their "other thing" something else we will all be FORCED to use the term or be called a racist or a bigot or whatever..

People are bending over to these minorities and they are taking over..

How are you going to feel Andrea about everyone 18 years old calling themselves freedom fighters and taking up arms against the public.. Its their "right to freedom" and like all good little Americans we must submit to the ***** gay weird people that FORCE their sexcual actions on the country..

If any of you could just for once "visulize" these actions.. Every see your two gay horses or two gay dogs, or two gay chickens have sexual intercourse? Of course not they are not deranged in the mind..


Dec-31-13 10:49 PM

However, neither you nor I don't get to decide what they call themselves. Language evolves. I don't know whether people who happen to be gay would seek a "cure." I imagine some of them might, given religious convictions or the prejudices that they are still likely to be faced with in this society, but others would be offended by the idea there is anything to cure. Sexual orientation is complex and is probably influenced by both genes and environment, so there probably is no one thing responsible for causing it. It is also a continuum, with most heterosexual exclusively, some homosexual exclusively and a lot in the middle with some degree of attraction to both sexes.


Dec-31-13 10:17 PM

It is absurd, wife to wife, husband to husband; but just as they hijacked the meaning of 'gay' they will so hijack the meaning of husband and wife or at the very least completely change the meaning. Words have meanings. Cultures are built upon the meanings of those words. I would bet that if a 'cure' became available tomorrow, 90% of the gays/lesbians would seek that cure.


Dec-31-13 9:55 PM

I suppose they're both called husband and husband or wife and wife. Nothing absurd about it, considering that they're using words that are intended for a particular gender. What else do you call someone you're married to?


Dec-31-13 8:10 PM

With the great push for employer sponsored insurance by the federal government, came the demand for gay marriage so partners could receive the same insurance benefits of those in heterosexual marriages. It is all about the money. But, just like prenuptial agreements, gays can do something similar to protect and provide for their partner. But, if gays want to be taken seriously, they really need to stick to the term partner or create new terms for Mr., Mrs. husband and wife. It is comedically absurd to hear a man introduce his husband. What does that make him?


Dec-31-13 2:30 PM

From the NYT..

Over the last four decades, many Americans have moved away from identifying with an “institutional” model of marriage, which seeks to integrate sex, parenthood, economic cooperation, and emotional intimacy in a permanent union. This model has been overwritten by the “soul mate” model, which sees marriage as primarily a couple-centered vehicle for personal growth, emotional intimacy, and shared consumption that depends for its survival on the happiness of both spouses. Thus where marriage used to serve as the gateway to responsible adulthood, it has come to be increasingly seen as a capstone of sorts that signals couples have arrived, both financially and emotionally—or are on the cusp of arriving.


Dec-31-13 2:27 PM

Only reason the gays want to marry is to tap into the Social Security fund off their spouse..

Its a way to get "free'

Give it 5 years they will all be disabled with AIDS and they can live off SS medical disability for life..


Dec-31-13 1:34 PM

I will never know what goes through the minds of gay people or women for the sole reason I have never been either. I was a child so I have experience with that, other than that I am a white male and know what that is like. I would not be able to sit on a jury involving gays because I am not a peer, you know what the law says judged by peers. It's a another world.


Dec-31-13 12:43 PM

To some extent, I think that has already gone on. I have heard of a married heterosexual couple where the man underwent a sex change to become a woman and has remained married to his/her wife, essentially becoming a lesbian couple. The wife in that case apparently just loves the person, regardless of whether he/she was male or female. I don't know what their legal status was in North Dakota or in Minnesota.


Dec-31-13 12:41 PM

Andrea.. Your last post definitely sounds like a positive and I'm certainly not against people trying to be happy.


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