Gay Marriage Ban is Unconstitutional

Uh-oh. Things must be getting testy at 1600 Pennsylvania Avenue, ’cause they have rolled out the ol’ Gay Marriage Ban Amendment thing again. This is such an evident ploy to play politics for the coming elections where the Republicans are likely to get clobbered (and by ‘Republicans’, I mean “Bush Republicans”*). But aside from the absurdly obvious political angle, this call for an amendment is ridiculous on several fronts:

  • What the Constitution Stands For »l First and foremost, the Constitution is about the rights of its citizens and putting limits on the powers of the government – not legislating. There has been exactly ONE amendment limiting those rights – the 18th amendment – and it was repealed (by the 21st amendment).
  • State vs. Federal powers » Marriage rights are a STATE issue, not a federal issue. Ages, rules, license fees, etc. are all handled at a state level, so why not who should be allowed to get married. If West Virginia says that 13-year-olds can get married, who is the federal government to step in and overrule that if they are both males? Correct me if I’m wrong here, but isn’t the federal governments job to mediate intrastate relations/commerce, and provide a national military? Seems like marriage falls WAY out of that scope.
  • Separation of Church and State » Okay, so technically, the Constitution does not explicitly state that Church and State must be separate. It states,

    “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;”

    To me, that means that while we might follow a moral code in creating laws, that code should not subscribe to a single religion, be it Christian, Jewish, Muslim, Taoist or Jedi. This gay marriage opposition seems to be primarily based on Judeo-Christian morality; and certain sects of that aren’t even opposed. Regardless, I can see no legitimate reason – short of a religious reason that it shouldn’t be allowed – and if that is the case, this movement has no basis in our Constitution.

  • Constitution not a place for laws » Murder, child abuse and rape are all despicable acts that are legislated against, and yet none of them are addressed in the consitution? Why? Because the place for making laws is within legislation, not the Bill of Rights.
  • What is so wrong with this? » Again, I know that people have a moral problem with this … and if so, don’t do it. Shun those who live that lifestyle if you wish. But who the hell made you a personal vassal of whatever God you believe in to dictate your own rules on other’s rights that do not harm you or those around you? My ‘religion’ states that child molesters should never be able to marry and have children, but that happens. Personally, I think that is a heck of a lot more poignant. Which brings me to…
  • Better things to worry about » With gas prices, global warming, the rampant corruption and ineptitude in the White House, bird flu, the tragic breakup of Jennifer and Vince, the War in Iraq, the War in Iran (Coming Soon!), starvation and genocide in Africa and so much more going on, don’t we – as a people – have a lot more to worry about?

And that’s all I’ve got to say about that.


One Response to “Gay Marriage Ban is Unconstitutional

  • this is so sad the agenda our policymakers will have in front of them in the coming weeks – gay marriage ban, flag burning…my taxes are paying for these bastards limo rides to and from all these meetings

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