Gay Marriage is an obviously hot topic.  See here for my previous thoughts on it.

Suffice to say I think this is another issue where the real issue is lost behind the emotional rhetoric and arguments. 

To me the real issue is and always has been the Federal government’s stranglehold and control of marriage, and the benefits it bestows. Any church in the country can sanctify a marriage, but only the Federal government can bestow the real prize:  Recognized benefit and dependency in taxes and social security.  Any other issue can, and often has been dealt with at a state level.

In other words, if you remove the issue of tax exemption, and filing status, the issue is sudden nto so lopsided.  Many companies offer domestic partnership benefits, and some states off civil unions.  The only sacred cow left is Federal Taxes and Social Security.

In my post above I detail how to resolve that. 

The Court system has, however ignored my sage advice and continues to dabble in marriage where it really does not belong.

Up till now, the foes of gay marriage have been frustrated as they pass laws, or ballot initiatives, often by overwhelming margins, only to have the courts step in and clutter the issue based on emotion, not reason.

Today though two State Supreme Courts have restored some faith to the power of states to self govern themselves.

First, we go to New York

NY court rules against gay marriage

New York’s highest court ruled Thursday that gay marriage is not allowed under state law, rejecting arguments by same-sex couples who said the law violates their constitutional rights.

The Court of Appeals in a 4-2 decision said New York’s marriage law is constitutional and clearly limits marriage to between a man and a woman. Any change in the law should come from the state Legislature, Judge Robert Smith wrote.

"We do not predict what people will think generations from now, but we believe the present generation should have a chance to decide the issue through its elected representatives," Smith wrote.

In other words, the legislature is in charge of making laws.  Let them work it out.

We also had action in Georgia.

Ga. Top Court Reinstates Gay Marriage Ban The state Supreme Court reinstated Georgia’s constitutional ban on gay marriage Thursday, just hours after New York’s highest court upheld that state’s gay-marriage ban.

The Georgia Supreme Court, reversing a lower court judge’s ruling, decided unanimously that the ban did not violate the state’s single- subject rule for ballot measures. Superior Court Judge Constance Russell of Fulton County had ruled that it did.

Seventy-six percent of Georgia voters approved the ban when it was on the ballot in 2004.

76% is pretty healthy margin.  Not the majority rule is necessarily the best method, but it does bear repeating that in a representative republic, the will of the people is reflected thusly.

One of the articles notes that:

…high courts in Washington state and New Jersey are deliberating cases in which same-sex couples argue they have the right to marry. A handful of other states have cases moving through lower courts.

But 45 states have specifically barred same-sex marriage through statutes or constitutional amendments. Massachusetts is the only state that allows gay marriage, although Vermont and Connecticut allow same-sex civil unions that confer the same legal rights as heterosexual married couples.

So it is clear that the issue is still one that faces public opposition.

Despite that though, I think the States will continue to move to the left on this.  Those opposing gay marriage might want to to limit their celebrations and gloating.

Vermont and Connecticut have the right idea in my opinion, except it needs to be carried to a Federal level.  We need to understand that the rights and privileges of marriage, as our society gives them out can be dealt with by no longer having marriage be a Federally controlled commodity.

And regardless of today’s decisions, the Federal Courts have still got the power to interfere, so I imagine today’s victories will likely be overturned again on appeal.

And on it goes.  And all long, like Immigration, no one will even be discussing the real issues behind the headlines.