Reply #119: You can't have a federal marriage or civil union... [View All]

[jberryhill]

Frequently overlooked in the discussion is that there are differences between whom states will permit marriages, even among heterosexual couples.

For example, some states permit marriage between first cousins, others do not.

Some states will allow first cousin marriages upon proof of infertility, others will simply allow any first cousins to get married.

The assumption that states are uniform in their marriage laws - even concerning heterosexuals - is wrong.


The federal government is not in the business of deciding who is married. For federal purposes, if the state says you are, then you are.

If a state had synonymous "marriage" and "civil union", then all that is needed is a federal statute recognizing whatever-you-call-it as the same thing.