Same-sex Marriage vs. State Sovereignty
States? States? We don’t need no stinkin’ states! At least, that’s what a federal judge said last month. The state of Ohio does not have same-sex marriage, but the just said that they had to recognize a marriage license for one that was granted in another state.
Well let me ask you, does the state of Ohio have to recognize law licenses, or medical licenses, or even hunting licenses from other states? No, they don’t. They may grant some leeway for licenses professionals from other states, they certainly don’t have to. It is within their state’s rights not to recognize them at all.
The judge in the case cited the tradition of Ohio recognizing marriages from other states that Ohio itself would not have allowed. He didn’t say specifically, but I’m guessing things like marriages between people who are related to closely. In 2004, Ohio broke with tradition and passed a ban on recognizing same-sex marriage. But the judge seems to think that tradition is somehow legally binding. Ohio was well within its rights to make such a law, as it can with other license recognitions. But the judge was apparently channeling Tevye from “Fiddler on the Roof”; “Traditiooon!”
Well anyway, I guess we can now start applying this new legal concept to things like gun licenses, eh? No, we can’t? This wouldn’t have anything to do with politics or activist judges of a particular leaning now, would it?
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