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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

(80)

landslide14

Dec-31-13 8:06 AM

I was Happy to see alot of publicity on the Phil Robertson/Duck Dynasty comments.

I think the fact it opened up all the Bible versus and actually layed them out in Newspaper articles and all over the media.. helped many people to realize that Gays are bound for eternal damnation.. I think Phils comments made alot of people feel better about NOT backing the Gay movement.. Phils right on.. next comes Poligomy and then beasteality..

Our countries Morals are at their lowest point ever.. Sexual encounters use to be special..now its like going to the grocery store just another days doldrums.. When its fre and common people want differant..

Watch for the beast to show up in the next 20 years..

AndreaJohnson

Dec-31-13 1:26 AM

Oh, come on. That's more than a little on the hysterical side. People can disagree with gay marriage without being like the nut job in Leith.

AndreaJohnson

Dec-30-13 6:26 PM

I predict. I also predict it will be legal within the next two to three years. What will be interesting to see if whether there is also a push to legalize polygamy. I think that will be a tougher sell.

Matt, I highly doubt the government will ever get out of the marriage business.

disgusted

Dec-30-13 4:49 PM

The legalization of gay marriage in North Dakota is approaching

Andrea, you wish.

MattRothchild

Dec-30-13 2:31 PM

"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"

"Sensible"? "SENSIBLE"?!?!

Maybe government should just get the "H" out of the institution of marriage completely. That would truly be sensible.

 
 

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