Sunday, November 09, 2008

My take on Gay Marriage

Constitutional Law has always been my favorite subject. So from a strictly legal perspective this is where I think this issue might be headed. First I don't know who the legal people are for the proponents of gay marriage here in California, but if I were them, I would have gone for full and total rights in a Civil Union. For one, it would have likely won easily or easier...Arnold here would have supported it...and gay people already have a "civil union type" life now, but without the title...here in California. That being said, in California where they lost Prop 8, I think Gay marriage proponents will now try to go to the Civil Union step first, rather than go through another Prop 8 thing again. Once they have civil unions, they can find a case to get that to the Supreme Court saying a civil union is marriage, so it must be called marriage. Once that happens the court will have to rule the way of Brown v. Board of Education. A type of ruling that will say "separate is inherently unequal." The Plessy v. Ferguson decision set up "separate but equal," which became the birth of Jim Crow Laws or at least allowed Jim Crow Laws to be legal...which people here in CA, think Prop 8 has become. When gay marriage is legal...and it is going to happen eventually...that is not really going to be news to me. What will be the ramifications...is what does bother me..... Gay marriage is going to mean that straight marriage has to change how its done to accommodate gay marriages. Meaning churches, synagogues, whatever...that refuse to marry gay people will lose their right to marry anyone legally in their church. What I mean to say is they can marry their members, but it won't be a legal marriage just a religious ceremonial marriage. We will go the way of Europe where only civil officiants can marry and not religious ones. You want to get married in the American Catholic Cathedral in Paris you still have to go to the civil office and marry first for real or legally and then do a ceremony for fun. We have always allowed religious churches, etc. to do a legal act through marriages, whereas I think that will have to change after gay marriage is made equal to straight marriage. You will have to marry at city hall first if your church does not marry gay people and then go to your church, if you feel like it, for a religious but non-legal ceremony. That being said, the only way a separate but equal marriage law would be able to survive the courts and prevent this...is if there was empirical evidence by a non-biased group...i.e. not the Mormon church or GLAAD. The evidence would actually have to show there really is a difference between gay and straight families. That straight families really are better in how kids turn out. Straight marriage is best. Unless we have this information...gay marriage I think is a done deal...eventually.

4 comments:

Mark said...

Tonto, you have made a point that I had not considered. If the gay lobby challenges the current laws regarding all marriage, they could argue any ministers who marry a couple in a church is violating the "establishment clause". If they can successfully make that case, it could become illegal to get married in a church.

It's certainly something to think about, isn't it?

Mark said...

A man would really have to be in love with a woman to marry her twice, once in a civil ceremony, and then again in church. A church wedding might give a reluctant guy a second chance to back out.

I won't say the same for two gay people. There is no love in a gay union. Only sex.

Trader Rick said...

Not so fast, Mark. If the guy married her in a civil ceremony, he's in for the long hall, alimony and community property wise, no matter what he does in the church. No backing out there.

What MATTERS in a marriage, and what makes it "Legal" for Christians, is the public VOWS that are exchanged before GOD and his congregation.

Ms.Green said...

If Gay marriage becomes the law of the land, I can bet you that my church will not offer public marriage ceremonies anymore. They'll be done in private, at member's homes.

I can also expect to have to start visiting my pastors in jail, because they aren't going to compromise the Word of God because of man's law.