Speak Now or Forever...
I'm not sure how I feel about same-sex marriage. Certainly promoting stable, long-term relationships is good for individuals, children and society. However, there has never been a society that recognized anything but male-female unions.
Generally, Americans have tremendous freedom to act as they please, so long as those actions do not interfere with the rights of others. By this standard there should be no question to the legitimacy of homosexual unions.
But the question isn't the legitimacy of personal relationships. It is a question of sanctioning by the State and thereby, recognition and endorsement by society of said nuptials. With this there comes the issue of equal legal standing with regards to adoption. Should same-sex couples be considered equal to opposite sex couples with regards to the adoption of new-borns? There is also the religious factor. I am not so filled with hubris that I'm willing to ignore 3,000 years of collective wisdom.
Not so some of our judges: "Certainly our decision today marks a significant change in the definition of marriage as has been inherited from the common law and understood by societies for centuries" wrote Chief Justice Margaret Marshall in the Massachusetts Supreme Judicial Court opinion finding a constitutional right to same-sex marriage.
Not only did these four unelected judges reinterpret the Constitution, thereby amending it - they saw it within their power to redefine marriage as "understood by societies for centuries". These ordinary people simply decided to redefine marriage for the rest of us by a vote of 4-3.
It is vital to understand the judges were forced to change the very meaning of the word "marriage" to justify the decision. Homosexuals are not banned by law from marrying in the traditional sense of the word. Gays, like heterosexuals were only banned from marrying someone of the same sex.
Gays and heterosexuals are also banned from marrying siblings, parents, minors, multiple partners and their pets. When four judges detect a new "evolving" standard these will be discarded as well. This is significant. Although this decision says nothing of any of the aforementioned scenarios, and proponents regulary dismiss such extrapolation out of hand, the reality is it only takes 4 judges and anything is possible.
Our laws should be reflective of society's changing standards, values, traditions and customs. Undoubtedly, society's views of homosexuality are changing and quite dramatically. Are not these changing attitudes more honestly and efficiently reflected in our laws through hundreds or even thousands of duly elected representatives?
And what were the people of Massachusetts saying prior to this decision? The same thing as the people of Hawaii and Alaska, when courts there tried to impose same-sex marriage on them. The Massachusetts Supreme Court overturned state law defining marriage as "the voluntary union of a man and women to the exclusion of others". The citizens of Alaska and Hawaii subsequently amended their Constitution the old fashioned way - through prescribed legal processes as opposed to judicial fiat - in order to preserve its obvious original meaning . Massachusetts does not have this option, thanks to the time frame mandated by the court. The super-majority needed for such a change makes such an endeavor difficult in this more liberal state.
Any "states rights" argument only serves to emphasize how sweeping a decision this is. The U.S. Constitution requires states to give "full faith and credit" to the "public acts, records, and judicial proceedings of every other state". Activists will demand that other states immediately recognize Massachusetts marriages, thus redefining marriage for the entire country.
Whatever the outcome of this battle in the culture war, one thing is for certain - we are in for another nasty and divisive episode in American history.
It didn't have to happen this way.
At the time of Roe v. Wade, the majority of the country already lived in "pro-choice" states. By the time the U.S. Supreme Court ruled in Lawrence v. Texas, there were few laws prohibiting sodomy and virtually none were enforced. This proves that changing social values are reflected at the ballot box. The question isn't if you agree with gay marriage or abortion rights, but who gets to determine how we govern ourselves in this democracy.
"By foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish" - Anthony Scalia (Planned Parenthood vs. Casey)
This short-circuiting of democratic processes leaves no room for concession or compromise. This is exactly what happened with abortion and explains why we have the Supreme Court ruling on the constitutionality of comparatively minor details like parental consent, 24 hour waiting periods and even partial birth abortion. It also gave birth to the first "litmus test" issue for judges in our history.
This is a battle that could have been much more civilized with reasoned debate from both sides trying to sway the electorate. Gay activists would have been given a unique opportunity to discuss the benefits to society of promoting long-term and committed same-sex relationships. This singular issue would have helped humanize homosexuals like no other to vast numbers of people who sorely need it.
Instead, we're going to court.
Generally, Americans have tremendous freedom to act as they please, so long as those actions do not interfere with the rights of others. By this standard there should be no question to the legitimacy of homosexual unions.
But the question isn't the legitimacy of personal relationships. It is a question of sanctioning by the State and thereby, recognition and endorsement by society of said nuptials. With this there comes the issue of equal legal standing with regards to adoption. Should same-sex couples be considered equal to opposite sex couples with regards to the adoption of new-borns? There is also the religious factor. I am not so filled with hubris that I'm willing to ignore 3,000 years of collective wisdom.
Not so some of our judges: "Certainly our decision today marks a significant change in the definition of marriage as has been inherited from the common law and understood by societies for centuries" wrote Chief Justice Margaret Marshall in the Massachusetts Supreme Judicial Court opinion finding a constitutional right to same-sex marriage.
Not only did these four unelected judges reinterpret the Constitution, thereby amending it - they saw it within their power to redefine marriage as "understood by societies for centuries". These ordinary people simply decided to redefine marriage for the rest of us by a vote of 4-3.
It is vital to understand the judges were forced to change the very meaning of the word "marriage" to justify the decision. Homosexuals are not banned by law from marrying in the traditional sense of the word. Gays, like heterosexuals were only banned from marrying someone of the same sex.
Gays and heterosexuals are also banned from marrying siblings, parents, minors, multiple partners and their pets. When four judges detect a new "evolving" standard these will be discarded as well. This is significant. Although this decision says nothing of any of the aforementioned scenarios, and proponents regulary dismiss such extrapolation out of hand, the reality is it only takes 4 judges and anything is possible.
Our laws should be reflective of society's changing standards, values, traditions and customs. Undoubtedly, society's views of homosexuality are changing and quite dramatically. Are not these changing attitudes more honestly and efficiently reflected in our laws through hundreds or even thousands of duly elected representatives?
And what were the people of Massachusetts saying prior to this decision? The same thing as the people of Hawaii and Alaska, when courts there tried to impose same-sex marriage on them. The Massachusetts Supreme Court overturned state law defining marriage as "the voluntary union of a man and women to the exclusion of others". The citizens of Alaska and Hawaii subsequently amended their Constitution the old fashioned way - through prescribed legal processes as opposed to judicial fiat - in order to preserve its obvious original meaning . Massachusetts does not have this option, thanks to the time frame mandated by the court. The super-majority needed for such a change makes such an endeavor difficult in this more liberal state.
Any "states rights" argument only serves to emphasize how sweeping a decision this is. The U.S. Constitution requires states to give "full faith and credit" to the "public acts, records, and judicial proceedings of every other state". Activists will demand that other states immediately recognize Massachusetts marriages, thus redefining marriage for the entire country.
Whatever the outcome of this battle in the culture war, one thing is for certain - we are in for another nasty and divisive episode in American history.
It didn't have to happen this way.
At the time of Roe v. Wade, the majority of the country already lived in "pro-choice" states. By the time the U.S. Supreme Court ruled in Lawrence v. Texas, there were few laws prohibiting sodomy and virtually none were enforced. This proves that changing social values are reflected at the ballot box. The question isn't if you agree with gay marriage or abortion rights, but who gets to determine how we govern ourselves in this democracy.
"By foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish" - Anthony Scalia (Planned Parenthood vs. Casey)
This short-circuiting of democratic processes leaves no room for concession or compromise. This is exactly what happened with abortion and explains why we have the Supreme Court ruling on the constitutionality of comparatively minor details like parental consent, 24 hour waiting periods and even partial birth abortion. It also gave birth to the first "litmus test" issue for judges in our history.
This is a battle that could have been much more civilized with reasoned debate from both sides trying to sway the electorate. Gay activists would have been given a unique opportunity to discuss the benefits to society of promoting long-term and committed same-sex relationships. This singular issue would have helped humanize homosexuals like no other to vast numbers of people who sorely need it.
Instead, we're going to court.