http://www.clgs.org/marriage/state-definitions
Here is something that can help answer or muddy up the question.
Pursuant to 10th amendment which protect states rights, definition of gender/sex is state dependent. So depending where you live, you have to look it up there. For example some states use the sex on the birth certificate.
The good thing is, since it is a state law issue, changes may be easier than federal law.
On the federal level, marriage appears to be defined as between opposite sex.
http://www.gpo.gov:80/fdsys/pkg/USCODE-2011-title1/html/USCODE-2011-title1-chap1-sec7.htm
So despite the prevailing liberal stance in this forum, you can probably see why many centrists find conservatives'argument that marriage being the opposite gender to be sound. Just as I find the liberals argument that sexual orientation does not prevent same sex couples from getting equal protection under law to be convincing.
It's not a catholic thing since this has been around way before catholics were around. It's not homophobia either, just moderates can usually see both sides of the arguments, and the truth usually lies somewhere in the middle of two extremes.
Despite using the terms "man", "woman", "sex", and "gender", many states don't define the terms legally. Please note, there is a very strong, important, and distinct difference between sex and gender. As such the terms "male" and "female" and "man" and "woman" don't mean the same thing, respectively. Please look up these distinctions if it is new to you. What is on a birth certificate is not necessarily what the individual's gender is. Legally, in some states a person's birth certificate cannot be changed, while in others, if one has sex reassignment surgery, the birth certificate can be changed. In some states, despite a change in the sex status on a birth certificate, they consider gender status to be immutable as it is "fixed by the Creator at birth". The laws you mention are riddled with inconsistencies due to their ambiguous wording. In fact, some transgendered individuals have been able to take advantage of the inconsistencies. For example in some states a MTF transgender woman can marry a man while in others she cannot. Sometimes, there are
discrepancies even in the same state. This shows that, despite the efforts of individuals who try to preserve "traditional" marriage, state law is muddled, ineffective, and inconsistent when it comes to addressing sex and gender rights of those who are not straight and cis-gendered individuals. And even if you think that there is some unnatural aspect to this, it fails to acknowledge individuals who are intersex at birth who are unable to identify their sex and gender until later in life. These individuals often fall in the cracks when it comes to legal matters. Until 2010, getting a
passport was difficult for some of these individuals.
Leaving definitions of sex and gender up to the state sounds nice and pretty when it comes to states rights, but it means that your solution of equality through different terms for marriage can never exist. You cannot create equality when the states are individually creating unequal, inconsistent solutions oftentimes through unequal judicial precedent. What is your solution? Do you think sexual orientation should fall under the 14th amendment under sex protection? If so, the 10th amendment can't apply anymore to this issue because the 10th amendment gives states power over everything that isn't in the constitution (i.e., the 14th amendment in this case).
http://www.clgs.org/marriage/state-definitions
Here is something that can help answer or muddy up the question. Pursuant to 10th amendment which protect states rights, definition of gender/sex is state dependent. So depending where you live, you have to look it up there. For example some states use the sex on the birth certificate. The good thing is, since it is a state law issue, changes may be easier than federal law.
On the federal level, marriage appears to be defined as between opposite sex.
http://www.gpo.gov:80/fdsys/pkg/USCODE-2011-title1/html/USCODE-2011-title1-chap1-sec7.htm
So despite the prevailing liberal stance in this forum, you can probably see why many centrists find conservatives'argument that marriage being the opposite gender to be sound. Just as I find the liberals argument that sexual orientation does not prevent same sex couples from getting equal protection under law to be convincing.
It's not a catholic thing since this has been around way before catholics were around. It's not homophobia either, just moderates can usually see both sides of the arguments, and the truth usually lies somewhere in the middle of two extremes.
While I get that marriage has in many instances been defined as between a man and a woman, I don't see why centrists can see that as an argument for marriage to stay between a man and a woman. To me that's saying, once it's been created into law, it must be correct and must stay as law. Can you explain this a bit more to me?
I'm curious: Do you think that Prop 8 should be struck down? California was a state where licenses were already issued to same-sex couples. Then Prop 8 came along and thus the only effect was to take away rights away from a group of people -- statistically a minority group. If we subject this case to the lowest level of scrutiny which is rational basis, can Prop 8 hold? What if we subject it to intermediate or strict scrutiny? Do you think the LGBTQI population falls under a suspect or quasi-suspect class? Why or why not?