Legally speaking, the courts have no choice but to legalize same-sex marriage. The government has been meddling in the marriage business since at least the 1860's in the U.S. in an effort to control who can marry whom. It has also been tying government benefits to marriage status, which, when the equal treatment clause of the 14th Amendment is applied, created the political quagmire that we find ourselves in today.
If the government would just get out of the marriage business altogether and return the institution to the churches, where it once belonged, then there would be no problem. There are religious institutions who are willing to perform same-sex marriages, so none would be denied their choice to marry. By getting out of the marriage business, the government can effectively solve the entire problem without actually threatening the religious aspects of marriage.
The only other solution,which does not present the possibility of the government infringing on religious liberties, would be to require civil marriages of all people, then they could perform any religious ceremony that they wish.
- Dan Liljenquist: What we learned from the...
- In our opinion: Legislators need to better...
- My view: The solution to Utah's water problems
- My view: Get insurance out of health care
- My view: Is the Division of Water Resources...
- In our opinion: Why it's important to note...
- My view: 'Death with dignity' and assisted...
- Richard Davis: Do presidents have to be...
- Americans are skeptical that government... 58
- Richard Davis: Do presidents have to be... 54
- My view: Get insurance out of health care 45
- My view: Obama's veto won't save Obamacare 33
- In our opinion: Attempting to... 32
- My view: 'Death with dignity' and... 27
- In our opinion: Concerned voters a good... 23
- Trump and Sanders 22