Recently, I was listening to one of the Sunday morning political shows
and heard a couple of more moderate conservatives – Yup, it wasn’t a Fox News
program – proclaiming that that issue of Gay Marriage rights should not be
before the Supreme Court, instead the question should, more logically, be left
the individual states to decide. I
disagree, and not for emotional, religious, or anti-religious reasons, but
rather, simple logic legal grounds.
First, let’s remember that the idea that marriage is simple a sacred
endeavor, ended long ago. While a male
and female couple can go into any church of their choosing to be wed, the marriage
will not be recognized legally until the license is filed with the appropriate
government entity. And, that same couple
can be married by a variety of non-religious entities, and still have the
marriage legally recognized with the submission of a properly endorsed license
to the government. So… The idea that marriage is some sacred
religious event to be protected from any and all desecration is
ridiculous. I would contend that,
divorce is a greater sacred defilement of marriage, and yet, I see no campaign
to legislate against it. Marriage is,
and has been for many decades, a legal issue.
But more importantly, I believe, are the thoughts that came to me during
that news program…
Allowing the issue of gay marriage to be legislated on the individual
state level creates a dangerous environment.
Even more dangerously on the local, county or city level. My wife and I as a heterosexual married
couple can go to, or reside in, or take a job in any state in the USA, and have
that marital contract recognized with all the associated legal rights without
question, regardless of what state originated the contract. Any LGBT couple legally married in a state
recognizing their union, would be restricted to living or working only in states
that recognizes such marital contracts. An
even more dangerous environment is created by the Supreme Court allowing the
individual states determine their own constitutionality of Gay Marriage. Individual states, once ruling by their
constitutions the definition of marriage, could then begin to legislate penalties
such marriages. Imagine, an LGBT married
couple traveling through a traditional marriage state, being challenged to
legally prove or disprove their status.
In Arizona today, you can be stopped for being Hispanic, simple to prove
you have a right to be in the country.
Do we allow law enforcement to stop a couple for being gay? Imagine checking into hotel in a traditional
marriage state, or not being allowed to check in, because of your marital
status, or even having your hotel door kicked in by the police because of that
status. I know this may sound rather draconian,
but, when you taken into consideration the money and effort being expended by
some organizations to prevent gay marriage, it is a reasonable assumption. The significant portion of the funding for
Prop 8, here in California, came of Utah.
You make the connection. Or, what
about the Westboro Baptist Church, using the burial of US Servicemen and woman
as their venomous outlet to protest the gay community.
There is nothing in all of this that purports to assert that any
religious entity must conduct, support, or condone such marriages, nor is there
any requirement that they change their view of marriage as a sacred
contract. There are many religious
viewpoints in this country and we cannot legislate for each and every one of
them, without violating the rights of others.
Unless we are willing to preserve and protect the rights of all citizens
in this country, none of our rights are guaranteed. Yes, we live a society that believes in
majority rule. Fortunately, we have an
overarching document that is designed to prevent the majority from trampling on
the rights of the minority.
This is most definitely an issue which should be decided on a federal
level, and with the Constitution as the basis for its resolution, not religion.
Your comments or questions
are always welcome. If you have something
to add, please feel free to contact me at mr.grumpyguy@gmail.com
