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Paul's Position on Gay Marriage

Ron Paul bases his positions on gay marriage on the Constitution. In 2004, Ron Paul spoke in support of the Defense of Marriage Act, passed in 1996. This act allows a state to decline to recognize gay marriage or same-sex marriages performed in other states or countries, although a state will usually recognize legal marriages performed outside of its own jurisdiction. The Defense of Marriage Act also prohibits the U.S. government from recognizing same-sex marriages, even if a state recognizes the marriage. Paul co-sponsored the Marriage Protection Act, which would have barred federal judges from hearing cases pertaining to the constitutionality of the Defense of Marriage Act.

In 2005, Congressman Ron Paul introduced the We the People Act, which would have removed from the jurisdiction of federal courts "any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction" and "any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation."[144] If made law, these provisions would remove sexual practices, and particularly same-sex unions, from federal jurisdiction. As Ron Paul explains, this removes the gay rights issue from the federal government.

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