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In the United States, since the foundation of the country, the individual states have always made their own laws concerning marriage and divorce. Each state has always had their own eligibility criteria for obtaining a marriage license (age, marital status, etc.). Gender is merely another eligibility criteria.

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11y ago
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9y ago

The primary reason the state must promulgate marriage laws is in order to protect property rights. Marriage is a civil legal status. People who marry have certain legal obligations toward one another. Generally, individuals who decide to end their marriage are at odds with each other and often cannot get beyond that in order to make an equitable distribution of their marital assets and obligations. The state needs a standard process of doing so for them. Child custody and child support laws are required to make certain children are provided for when a marriage ends as well as when there is no marriage between their parents.

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9y ago

If you're born LGBTQ, there's NO fault involved - it just happens. Thankfully, we're living in a world where people are more tolerant and accepting of people who love their own gender. As for children, they need to learn that this can't always be helped, and if they have LGBTQ parents who raise them properly, that's all that's important.

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14y ago

It shouldn't, the federal government only needs to be controlling things when it is absolutely necessary.

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8y ago

Yes. The federal government has the authority and obligation to ensure that no state violates the constitutional rights of same-sex couples to marry.

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Q: Why should state governments have control over same-sex marriage?
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