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If a single US state wanted to make divorce illegal for everyone...?

based on religious reasons, could it be voted on and push it through?

Why or why not?

Update:

Sophieb- That's true. However, as others have pointed out, (and the reason I asked) is because this is exactly what is going on with gay marriage...so how is the great gay debate not seen as unconstitutional?

9 Answers

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  • Nous
    Lv 7
    9 years ago
    Favorite Answer

    It would breach the constitution and whilst it might take time to get through the Supreme Court it would not just get repealed but probably made irrevocably legal everywhere jus as is happening about gay marriage!

    The mormons poured millions into forcing through prop 8 in CA: to ban gay marriage. In August 2010 the court held that to be unconstitutional. On 15 June 2011 the San Francisco court upheld that decision because it violates the constitutional rights of citizens. On 7 February 2012 the Ninth Circuit Court of Appeals struck the California law again finding that the California state constitution banning same-sex marriage violated principles of due process and equal protection under the law.

    The court found that the ban violates equality laws to target a minority group and withdraw a right that it possessed, without a legitimate reason for doing so. Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California. The constitution simply does not allow for laws of this sort.

    It is now awaiting the Supreme Court verdict which is expected to uphold the early court decision.

    If that happens then gay marriage will become legal everywhere and that will be marriage and not civil partnership!

    The loving god works in mysterious ways.

  • Anonymous
    9 years ago

    Yes - though it would probably require an amendment to the state constitution in order to override all existing precedent divorce law, it certainly could be done legally.

    The "gay marriage" issue is **not** a matter of constitutionality except where specific laws violate the Constitution (as seems to be the case with Prop 8 in California, for example, but not the case in North Carolina or any other state that does not license same-sex marriages).

    Conclusion: it won't take long to do these things so that you will understand an issue that you do not currently understand.

    - learn what Constitutional "separation of church and state" means

    - learn what Constitutional "freedom of religion" means

    - learn that it is not illegal **anywhere in the U.S.** for same-sex couples to participate in a public marriage ceremony

    - learn that what *is* prohibited in most states is the **state government issuing a marriage license** to same-sex married couples. A marriage license ***does not make an illegal marriage legal***. Rather, it registers the marriage with the state as a legally-binding contract. A marriage without a marriage license is NOT illegal and NOT a crime - it simply is not registered with the state government as a marriage.

    - Jim, http://www.bible-reviews.com/

  • 9 years ago

    Could you make the marriage contract an irrevokable contract? maybe

    for everyone for religious reasons - probably not. that would be unconstitutional, but it might get through with a thin veil of civil grounds.

    Much religious based and other social behavior restrictive legislation gets through this way.

  • Anonymous
    9 years ago

    Some states, notably Tennessee, have state Constitutions with provisions in violation of the US Constitution ("no atheist or person denying the existence of Divinity shall be elected to public office in the State of Tennessee")...so yes, it is possible. However, since the Constitution has the "full faith and credit" clause, people in that state could hop across state lines and get a legal divorce. I suspect that "quick divorce courts" would spring up in towns close to the borders of the state in question fairly quick, offering fast, legal divorces for cash.

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  • ?
    Lv 7
    9 years ago

    That's similar to the no gay debate. They don't like the idea of it so they feel they can control EVERYONE because it goes against their religion. Luckily we live in America, so the answer is no.

  • Anonymous
    9 years ago

    It couldn't because the religious reasons would violate separation of church and state. But they could make up some "secular" reasons about how it violates the sanctity of marriage and pass it that way.

  • Anonymous
    9 years ago

    Even the religious would rail against that.

    They might not feel qualms about taking others' rights, BUT WATCH OUT IF YOU TRY TO MESS WITH THEIR RIGHTS.

  • Karl
    Lv 7
    9 years ago

    IF the majority was for it and praying for it in Christ Jesus then all things are possible.

    bless you.

    "Nothing is impossible for God".

  • 9 years ago

    can't mix church and state in the USA

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