A Dallas judge declared Texas’ ban on gay marriage unconstitutional yesterday. In a case involving two men married in another state, the judge allowed them to get a divorce.
To be honest, I really don’t care either way. I disagree with the judge that it’s unconstitutional for a state to decide what type of marriage is acceptable or not. However, I don’t think marriage should be in the realm of government control to begin with.
Marriage is a sacred commitment you make with another person (or persons) before God. This is a religious ceremony, not a government ceremony. If your faith allows you to marry someone of the same gender, then so be it.
The government’s only role in the whole affair should be to make a contract between the parties involved, called a civil union. It’s a contract between consenting adults that lays out various legal questions regarding the involvement (death, illness, etc.).
However, the judges decision that it is unconstitutional is not accurate. Constitutionally, it’s something the state can decide if it so chooses. The same can be said with abortion. They are both unconstitutional at the national level, but the 10th amendment gives states ability to make such laws. I would just prefer the state stay out of marriage all together and just enforce civil unions and let the religious organizations perform and acknowledge marriages.
Source: NBC Dallas-Fort Worth