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Gay Marriage

Started: Tuesday, November 18, 2003 13:52

Finished: Tuesday, November 18, 2003 13:56

[I originally posted this on yanthor.net. I've decided to crosspost it here so the rest of the world can read it.]

I believe that inasmuch as the state has authority to preside over marriages, it should treat all people equally, regardless of sexual orientation. So you might say that I favor allowing gay marriage. However, I do not see state sanctioned gay marriage as the optimal solution.

Why should the government have any business granting marriages at all? This has traditionally been, and should go back to being, solely within the domain of churches. The government should have no part in it. "Marriage Licenses" as currently issued by the state should be abolished. (Of course, they could still be obtained from a church or other private entity. But without conferring any legal distinction, except perhaps under contract law where applicable.)

This still leaves the issue of how to go about conferring rights traditionally associated with marriage. Hospital visitation, joint ownership of property, custody of children, etc. For this, the state should still provide a general purpose, all-encompassing contract that could be entered into by anyone who wants to. ("Civil union" seems to be as good a term as any.)

Some might argue that this is merely playing word games. It's changing the name of things, while still performing effectively the same function. I would counter that a "civil union" law, if implemented correctly, could be far more versatile and useful than the narrow purpose of simply allowing gay people equal rights under the law.

A "civil union" would not necessarily even have to imply a romantic relationship. It's only a legal document. Therefore, if someone wanted to enter into a "civil union" with a sibling or best friend, they would be able to do so. Imagine the benifits! I could, in one simple stroke, say that if I get sick or die, my brother (or best friend from first grade... whoever) would automatically have the right to visit me in the hospital, be declared the legal guardian of my children if I am a single parent, be able to share my health insurance, etc etc etc.

So anyway, in my opinion, both sides are making this whole debate far more complicated and contentious than it needs to be. That's my rant for the day.

Nice Timing
by bouncing (2003-11-19 17:18)
It seems that Massachusetts' highest court has ruled that bans on gay marriage violates their state constitution. From reading about their decision, it sounds like a law giving everyone civil unions would be compatible.
On a related note....
by Bitscape (2003-11-20 10:28)

Don't you just love how the right wing loves to talk about law, order, and justice. Except when they don't get their way. Then they suddenly start to whine, scream, and fuss, ranting about how the sky is falling, even going so far as to advocate ignoring constitutional rules. The hypocracy is staggering.

The Andrew Jackson quote at the beginning of the article I just linked to is also telling.

"JOHN MARSHALL has made his decision," Andrew Jackson is said to have remarked in the aftermath of a Supreme Court decision he disliked, "now let him enforce it."

It then goes on to suggest that the Massachusetts governer and legislature follow in Jackson's footsteps and ignore the court ruling. What it doesn't mention is the context in which Jackson uttered those words.

The Supreme Court ruled that Jackson's attempt to relocate the Cherokees from their homeland in what would become known as the "trail of tears" was unconstitutional. In one of the darkest, most shameful events in U.S. history, Jackson ignored the court and proceeded to uproot and drive an entire nation of people from their homes.

He got away with it.

Isn't it telling that now, when a court has affirmed the rights of another minority group, those seeking to deny equal rights under law openly advocate repeating history's more sinister moments to achieve their narrow-minded ends?

Like Jackson, they may indeed be able to get away with it without facing any immediate consequences. But Mr. Hewitt and others with like minds ought to think long and hard about what else might be lost when constitutionally based law and order are thrown out the window.