The State & Marriage

Boots & Sabers regular commenter Mr. Pelican Pants has a great explication of the case for traditional marriage on this post about Obama and Proposition 8 in California:

1. No one has the “right” to marry anyone – straight, gay, whatever. Marriage is not a right afforded to anyone.

2. The institution of marriage is a social tenet and institution to serve one, fundamental purpose: the perpetuation of the human race.

3. Marriage, as a legal contract, is sanctioned by the states. Thus, the states should have the ability to decide who may and may not be allowed to be legally recognized as a married couple. Anyone is certainly free to “marry” anyone they want. Just don’t expect the state to officially recognize that marriage.

4. Back to point #2 on pro-creation, while gay couples may certainly adopt a child, or use artificial insemination to create a child, the fact remains that, at a minimum, three people are needed to achieve this act of pro-creation. As a society, we believe that no more than two people should be needed.

5. Marriage is not about hospital visits, health care benefits, or income tax breaks. Those are not rights, but rather legal side effects that have been created over time to maintain the traditional two-parent, man and woman, marriage. Thus, any gay couple claiming to be denied those rights is on very weak ground, as those are not rights, and as stated previous, marriage is not a right either.

Finally, the problem with Obama’s argument is that a. he wants it both ways; and b. he is not properly describing the problem. The reason for the constitutional amendment, as it was here in Wisconsin, was not to “deny people from being with someone they care about”, but rather reaffirming the statutory guidelines for marriage, so a judge can not arbitrarily and unilaterally make a decision of what he/she believes was the intent of the Legislature when the Legislature crafted the statutory marriage language.

The people of the state have their interests vested and represented in the appropriate state Legislature. Whether you agree or disagree with gay marriage, the majority of state residents, over a very lengthy period of time, believe that a marriage between one man and one woman is the most appropriate functioning unit to promote the family. Representatives in the Legislature have responded by crafting language that meets that long held belief.

But where gray areas may exist in statute, is where many pro-gay marriage individuals make their challenges. Which then leaves a justice of the court in the position of trying to decide what the Legislature meant when those words were crafted.

The constitutional amendment is appropriate, as there is generally no dispute or controversy as to what the Legislature intended. In addition, because it requires adoption by the people of the state in a referendum vote, the intent of the people is reaffirmed.

The very process of constitutional ratification upholds the sanctity of a democratic society, one which may not be tinkered with by a single, activist justice who believe he/she is in a better position to decide the will of the people.
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