The Supreme Court has finally heard the arguments on whether to uphold or strike down California’s Proposition 8, which bans gay & lesbian marriage in Californa. The repercussions will be felt across the nation come summer when the SCOTUS issues its ruling.
The opponents to same sex marriage are primarily the religious right; those self-styled chumps who use the Bible to dictate their thoughts on how not just they should live, but how you and I should live as well. The Bible has many a verse that decries and damns homosexual activity… And with good reason, because Religious fanatics believe that sex should only be about procreation, and sex for other means is deemed wicked in the eyes of not just God, but most specifically and acutely “His” church.
These people should all forced their women to undergo female circumcision. And Michelle Bachman needs to be first in line.
Anything that has a religious root to its argument pretty much has no business in shaping laws or social morays in the modern era. You base a legal argument on a verse of Scripture and you’re trying to skirt around the separation of church and state component to the Constitution. Think about it, the church is the one that has told you homosexuality is wrong and you’re being its undeclared proxy when arguing in accordance with a religious doctrine.
The Purpose of Marriage
One of the things that comes up all the time when same sex marriage is debated is the purpose of marriage, and it gets defined as a sacred union between a man and a woman. But that’s not the case. It can be for certain marriages, but its hardly true in a country with a higher than 50% divorce rate.
In days gone by, marriage was a covenant between a man and his father-in-law to determine the disposition of property when the father-in-law died. It was also a means to control women from having children with multiple partners, so the children could be provided for and raised by an identifiable father (and force upon him a sense of responsibility for his off-spring, which he could disregard or deny if he wasn’t married).
However, we all know that throughout history all the way up to the present day, far too many men treat their children like shit and don’t raise them right. There are a lot of deadbeat fathers, so marriage (and then divorce) doesn’t guarantee that the man will be a proper father. The courts have laid down rules and penalties about this – and this could be applied to divorced same sex parents as well, should they have children together and then split up.
The argument that marriage is deigned in part to ensure that children are raised by both the mother and father is foolish, because look at the number of divorced households that then result in single-parents raising the kid(s) with no help or help that is begrudgingly given through court order.
Another “purpose” of marriage is to be a legal contract to enable the woman to have rights to the man’s property and money. Ask any man who has been through a divorce how fair the courts are in terms of dividing up the so-called joint property. Unless you live in a no fault state and have a mutual agreement between the spouses, the man gets sodomized by the woman and her lawyer the vast majority of the time.
Marriage is a legal contract that also affords you certain rights under the Federal government, and these are nearly all financial in nature (e.g. filing joint tax returns or receiving. Social security benefits) and these can and should be extended to same sex couples as well.
The Civil Rights Aspect
The 1950s and 60s ushered in changes to Society that should have been in put in place by the Constitution, but the overhyped Founding Fathers refused to deal with core issues and kicked the can down the road (thus laying the groundwork for the Civil War when the Declaration of Independence was signed and the Constitution was ratified – thanks a heap, guys!).
The problem with race relations is core to the country, and Black people who helped build this country as slaves, were instrumental in redeeming it through the Civil Rights movement. The Women’s Movement and the advancement of all other protected class came about because Blacks took beatings, dog bitings and water cannons for US ALL.
It’s disingenuous to preclude homosexuals from getting their just due, as they get discriminated against the same way as women and disabled people do (nothing compares to the adverse treatment Blacks get though).
It’s going to be a few months until we know how all this shakes out, but if Prop 8 is upheld and same sex marriage is banned, then there’s another reason why the GOP have fucked this country no only over the past 40 years but over the coming 40 as well.
Trampling State’s Rights
There are something like 1100 rules and statutes that will be affected if same sex marriage is deemed legal in California, because of how it bleeds into federal law and benefits. Marriage, as a legal binding contract and status, is defined by the states, so if the SCOTUS strikes down Proposition 8, thus leading the pathway to same-sex marriage… it’s basically the Feds trampling on States’ Rights, and that’s something that the GOP, in particular, won’t like. What many people probably fear is that if the SCOTUS overrules States’ Rights in this issue, it will set the precedence for more hobbling of States’ Rights. So this factor alone might be reason enough for the SCOTUS to punt on this case thus going back to the latest ruling, which was the California Court of Appeals ruling which I believe struck down Prop 8 (there is controversy, because the judge in that case revealed that he was gay and then didn’t recuse himself).
What happens next does have everyone sitting on pins and needles…