The state has a monopoly on divorce. Any notary public can marry a couple, but only the state where at least one spouse resides can divorce them. Although this is commonly accepted it is unconstitutional for two reasons:
1)The judicial system does not provide free legal counsel for this mandatory procedure, as it does for criminal defendants under Amendments VI and XIV of the U.S. Constitution. This may sound like a leap, but it is not. The court system is aware of this impropriety, but it is not publicized. Instead, and to their credit, they provide standard forms, clerk of court guidance, free or reduced rate mediators, no-fault divorce and other perks to lessen the burden on the prospective divorcees.
2)A marriage is many things to many people, but to the state it is only a contract. Logic dictates that the state’s monopoly on marital relationships is pre-empted by Article I, Section 10, of the U.S. Constitution, which provides in pertinent part that, “States may not pass any laws that interfere with legal contracts or grant any title of nobility.” This provision renders Article I, Section 27, of Florida’s Constitution unconstitutional.
I'm not a huge fan of "big government," however, in cases such as Marriage Equality I believe there needs to be a federal law that allows everyone the equal opportunity to be united with the person who they love. Leaving it up to the states is just not acceptable.
Bryan - 12 years ago
No one should be denied the right of marriage. Weather you are gay, straight, bi, transgender, we are supposed to be living in the " HOME OF THE BRAVE" people! What the he!! Is going on?
nogay - 12 years ago
Perversion does'nt entitle anyone to special privileges .
H r - 12 years ago
We are all different. Being gay is one difference . No one should be denied the right of marriage when they are truly commited to each other.
The state has a monopoly on divorce. Any notary public can marry a couple, but only the state where at least one spouse resides can divorce them. Although this is commonly accepted it is unconstitutional for two reasons:
1)The judicial system does not provide free legal counsel for this mandatory procedure, as it does for criminal defendants under Amendments VI and XIV of the U.S. Constitution. This may sound like a leap, but it is not. The court system is aware of this impropriety, but it is not publicized. Instead, and to their credit, they provide standard forms, clerk of court guidance, free or reduced rate mediators, no-fault divorce and other perks to lessen the burden on the prospective divorcees.
2)A marriage is many things to many people, but to the state it is only a contract. Logic dictates that the state’s monopoly on marital relationships is pre-empted by Article I, Section 10, of the U.S. Constitution, which provides in pertinent part that, “States may not pass any laws that interfere with legal contracts or grant any title of nobility.” This provision renders Article I, Section 27, of Florida’s Constitution unconstitutional.
I'm not a huge fan of "big government," however, in cases such as Marriage Equality I believe there needs to be a federal law that allows everyone the equal opportunity to be united with the person who they love. Leaving it up to the states is just not acceptable.
No one should be denied the right of marriage. Weather you are gay, straight, bi, transgender, we are supposed to be living in the " HOME OF THE BRAVE" people! What the he!! Is going on?
Perversion does'nt entitle anyone to special privileges .
We are all different. Being gay is one difference . No one should be denied the right of marriage when they are truly commited to each other.