Federal government to recognize same-sex marriages in Utah


#1

WASHINGTON – Attorney General Eric Holder said Friday the federal government will recognize more than 1,000 same-sex marriages in Utah, despite an earlier announcement this week from the state’s governor saying the state would not.

foxnews.com/politics/2014/01/10/federal-government-oks-same-sex-marriage-benefits-in-utah


#2

I see hypocrisy is alive and well in Washington.


#3

It’s not hypocrisy. The federal government overruled what the state government did, that’s all.


#4

But marriage is a State matter-not a federal.


#5

This is to be expected from a largely lawless executive branch.

The system is totally broken. The executive branch is ignoring the judicial, the judicial is making laws for the legislative, and the legislative is bowing to lobbyists and un-elected administrative czars and cabinet members. And they’re all lying to us.

Very sad indeed.


#6

And we elected them


#7

No, they did not. The state is* still *not recognizing them. It’s just a sneaky move by Holder to try to force the state’s and the court’s hands.


#8

The feds overruling the state is exactly what this administration was whining about in Windsor. So, what do they do? Turn around and do exactly what they were complaining about. That is hypocrisy.


#9

They did not overrule the state. Gay marriage is still not recognized there, and the Obama administration can not force them to do so.

But marriage is recognized on a state and federal level. Even if the state doesn’t want to grant benefits, doesn’t mean the feds can’t.


#10

Kind of reminds me how of marijuana can be legal in Colorado or California and yet remain a controlled substance in the federal government’s eyes. I’ve never quite understood that either.


#11

They are overruling Utah in that they are claiming that marriages determined to be invalid by the state that issued them are valid for the purposes of fed law. It is not the job of the feds to declare who is or is not married. It is their job to accept whatever the state decides. Section 3 of DOMA was deemed unconstitional for that very reason.


#12

I agree. If they started coming to states where gay marriage has never been a thing and recognizing same sex marriage, it would be a problem.

However, these marriages were conducted legally. The federal government does not have to consider those legal contracts null just because the state does. They are simply honoring a legal contract.


#13

Federalism. I’m just glad the feds stopped raiding state dispensaries.

Marijuana is legal in Colorado, but you are still violating federal law when you possess it.

Fireworks are illegal in Illinois, but you aren’t breaking federal law if you have them.

Basically, state and federal are separate jurisdictions. People were legally married in Utah, and it was legally recognized by the state and federal governments. The state is choosing not to honor them, but they have no authority to tell the feds not to do so.


#14

Exactly! This was the whole thing with DOMA. The parts of DOMA that were stuck down were precisely struck down because marriage belongs to the States and the Federal Government does not have power to regulate marriage at all. Basically the Feds have to follow exactly what the State does or says. It is hypocrisy, because per DOMA they should not recognize these marriages. This is application of laws per convenience. When is to recognize gay marriage the Feds has no power but if it is to grant marriage benefits then the feds have power. This is completely screwed and I agree that they are using this as a tactic to force the state to recognize gay marriage.


#15

The Federal government has the power to regulate commerce. Remember that what is illegal at a federal level is “trafficking” and trafficking is a commercial activity that goes beyond state lines. Because of that the Feds have all the power to declare it as an illegal drug.


#16

If a state marriage documents are declared void/invalid/null by the state, then the marriages do not exist. The feds have no right to recognize a marriage that does not exist. The only ones who can determine if a marriage exists is the state which issued the document, not the feds. The feds are recognizing marriages where they do not exist.

For what it’s worth, I really don’t care, except that if in the end Utah’s Constitution is upheld, then any benefits that these people receive from the feds in the interrim can be reclaimed by the feds as being wrongfully given out. It’s a shell game. The politicians make themselves look good by being the “nice” guy when in reality, the government won’t be out anything if the case doesn’t go their way. It will be the people who are gullible enough to believe the government who will end up with the tax bill. But, I guess all that matter is that the politicians get to feel good about themselves no matter who their policies could hurt.


#17

No, simple possession of marijuana is not a federal crime. The DEA cannot arrest anyone solely for smoking pot. Selling and trafficking is what constitutes a federal offense. In other words in Colorado smoking pot both at state and federal level is permitted, buying and selling is what violates federal law.

And your last sentence is not correct either. According to the DOMA ruling the State is the one that tell the Feds what can they do. Federal Government is a government of limited powers. Their authority is strictly narrowed down to what is established in the constitution and by jurisprudence. For everything else the power belongs to the States and the State is the one that tells the Feds. The US Supreme Court decided that power over marriage belongs to the State, so no the Feds can’t do what they are doing.


#18

Actually, I read a few articles and it doesn’t seem that the marriages were declared null at all. Utah is just upholding its old laws which prohibit same sex marriage and the recognition of it. The federal government is still allowed to recognize those contracts, and there really is no way to force them to do otherwise unless a court dissolves the marriage contracts.


#19

What a complicated tax return that will be. Joint for the federal, single for the state.


#20

It is because the Obama justice dept has decided not to enforce the law.


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