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Special Rights, Not Equal Rights
Conservative Outpost ^ | 12/21/06 | Drew McKissick

Posted on 12/21/2006, 5:28:46 PM by Drew McKissick

The jig is up. We can now officially put to bed the lie that advocates of gay marriage only want equal rights. According to a Reuters story out of Connecticut, eight gay and lesbian couples are asking that state’s Supreme Court to mandate the legalization of gay marriage. You should know that Connecticut is a state that already grants the “rights and benefits” of marriage to homosexuals under a civil unions law.

The couples claim they are seeking the right to marry because “a ban on gay marriage violates their constitutional rights”. They claim not being able to marry is a violation of their equal protection rights under the Constitution. Oh? What rights as individuals are they being deprived of? Surely not privacy. The Supreme Court covered their rights to conduct their special behavior under the un-enumerated right to privacy several years ago in its Lawrence vs. Texas decision.

What this is really about is their “right” to force everyone else, via the state, by way of the judiciary, to approve of – and officially sanction – their behavior and grant them rights and benefits on the basis of that behavior alone. It would seem that, if they have the right to everyone else’s approval, then everyone else no longer retains the rights to their own opinions. Of course, that irony isn’t lost on them, just ignored.

They’re proving that they don’t just want their rights to privacy, and they’re not satisfied with being granted equal rights based on their behavior. They want it all baby! They’re opposed to marriage licenses with checkboxes marked “husband” and “wife”. They’re against the state issuing birth certificates that identify “mother” and “father”. Essentially, they want the eradication of sex as a distinction.

If they are granted such rights, what happens to the rights of others? What about the rights of religious groups that provide adoption services and who’s faith will not allow them to place children with homosexual couples? What about the rights of society to govern itself in a way that protects its future? What about the rights of children?

Aside from its purpose of creating an entity to foster an atmosphere for the growth and nurturing of the next generation and protecting the family’s resources, there would be no reason for marriage to exist. What’s left is just a corporation. The state, as well as many private institutions, offer benefits and inducements to encourage male and female partners to sacrifice their individual rights and freedoms to that of the marriage, for the sake of the next generation. And if society has an interest in anything, it should be its future generations.

This is a subject that the American people have spoken out very loudly and very clearly on. State constitutional amendments or similar referenda defining marriage as the union of one man and one woman have passed by an average of seventy percent of the vote in twenty-seven out of twenty-eight states where they have appeared on the ballot.

Bypassing the will of overwhelming majorities of the electorate on an issue that would have repercussions all throughout our legal system will give us what we have in the abortion debate; an unsettled political issue that was never fully aired, thanks to the judiciary.

And make no mistake about it, we are headed to a lawyer’s dream world when it comes to litigation that would spring from such a radical redefinition of marriage. The institution is so interwoven into our legal structure that simply changing the definition of the term would call other laws that contain the term into question. The class actions suits would fly. Add the fact that people are constantly moving from state to state and the problem gets worse. The challenges to one state’s laws on the basis of marriages in other states will flood the courts.

Already, the state of Virginia is as odds with Vermont and a lesbian who divorced her former partner in a civil union in that state. The fight is over a child. The former Virginia couple went to Vermont to obtain a civil union, then moved back to home. Thereafter, one of them was artificially inseminated and later gave birth. The “non-biological” mother (man this gets confusing) never legally adopted the girl under Virginia law. The couple split up when the biological mother became a Christian. As a result, she left the union and took her biological, non-adopted child with her.

The result? The state of Vermont orders the mother to grant parental rights to the non-mother, and Virginia says no. The case comes down to whether or not one state can impose its same-sex unions law on another state. We have dueling state courts and will no doubt soon have dueling federal district and circuit courts. Supreme Court here we come.

Does an individual state have the right to define marriage within its borders, (we have to ask?)? Is the federal Defense of Marriage Act constitutional? Or will marriage be covered under the Constitution’s “full faith and credit” clause, causing all states to recognize marriages performed in other states, whatever their nature?

Methinks we may have replaced Sandra Day O’Connor just in time.


TOPICS: Culture/Society; News/Current Events; Your Opinion/Questions
KEYWORDS: gaymarriage; judiciary; politics; rights

1 posted on 12/21/2006, 5:28:48 PM by Drew McKissick
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To: Drew McKissick

Government needs to get out of the marriage business (but I know that's not going to happen).


2 posted on 12/21/2006, 5:31:06 PM by randog (What the...?!)
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To: Drew McKissick
"Methinks we may have replaced Sandra Day O’Connor just in time." Actually, Kennedy was more liberal than O'Connor in that area. While she felt the Texas law struck down in Lawrence was unconstitutional (for equal protection reasons, NOT for the reasons given by the majority), she specifically mentioned that marriage was a whole 'nother ball of wax and she strongly suggested that she would vote to uphold traditional marriage. Kennedy, on the other hand, was the author of the Lawrence decision (as well as the major gay-rights Romer v. Evans decision from the 90s), and all he said in his majority opinion is that the case at hand wasn't specifically about marriage. He later made public remarks that time would tell how the Lawrence case decides the gay marriage issue. In other words, he considers it an open question and given the fact that he's been a strong liberal on such issues in the past, that should make originalists worry.
3 posted on 12/21/2006, 5:38:36 PM by NinoFan
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To: Drew McKissick
It's hardly just a sentimental matter of craving the approval of others. Civil unions do NOT confer all the rights of marriage, by any means.

The "civilly united" have no claim on any of the benefits of marriage under Federal law (such as Social Security or federal pension survivor benefits). The civilly united also have no claim on private benefits (especially health insurance and pensions) which are the subject of pre-emptive federal regulations (i.e., regulations with states aren't permitted to tinker.) Finally, civil unions are by their nature "stranded" to the conferring state; no other state has, at least under present law, any presumptive obligation to recognize them even that other state has its OWN civil union bill.

Gay "marriage," on the other hand, reverses all those polarities. It is presumptively entitled to recognition by the federal government, by other states, and by private entities to the extent subject to ERISA, etc. Federal and state DOMAs abrogate the presumption, but those abrogations are far more suspectible to a Lawrence type equal protection challenge than would be any effort to use a sub-marriage Civil Union as a basis for such an attack.
4 posted on 12/21/2006, 5:58:42 PM by only1percent
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To: Drew McKissick

"It would seem that, if they have the right to everyone else’s approval, then everyone else no longer retains the rights to their own opinions."

This is exactly the ultimate goal. The left won't be happy until they can jail anyone who expresses a view contrary to their radical beliefs. This means not only thinking has to be regulated, but institutions that promulgate politically incorrect thinking, like religions. And yet, somehow these idiots think they can peacefully co-exist with Islam.


5 posted on 12/21/2006, 5:59:05 PM by Spok (He who bites the hands that feeds him will lick the boot that kicks him.)
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To: Drew McKissick

Much as I hate to say it, I think we have already lost. Even the side against gay marriage is selling out the premises that defend against it. My suggestion, start planning for the kind of future where the government is the enemy of your faith and conscience. I'm not saying give up. I'm just saying while you fight this losing battle (we are losing), prepare for the inevitable outcome. You cannot allow the gov't to educate your children for one.... Etc... The government has picked sides and it is on the side of immorality and confusion. All that's left is for the ends to catch up with the premises. Whether it was that we were not brave enough or smart enough to win (or both) I don't know. But I am not blind like others seem to be. The majority overwhelmingly agrees with a result that it hasn't the courage, wisdom or intelligence to support.


6 posted on 12/21/2006, 7:09:04 PM by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: Drew McKissick

They want their lifestyle to be accepted as normal. That is the long and short of it. Failing to achieve that social acceptance from people, they are going to force it to appear normal via State and/or Federal Law.


7 posted on 12/21/2006, 7:15:41 PM by chit*chat
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To: only1percent

You put way too much faith in a word. Words are just names for things of substance.


8 posted on 12/21/2006, 7:23:56 PM by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past

"Much as I hate to say it, I think we have already lost."

My state voted against it at a rate of almost 90%. We haven't lost jack here...yet :)

I do think we are becoming (or have become) a nation of the government, by the government, for the government. What the people want matters not. Why should it? We don't hold any of them accountable and let them tell us what to do, when to do it, and how long to do it for. Persoanlly, I'm fed up.


9 posted on 12/21/2006, 7:36:55 PM by L98Fiero (The media is a self-licking ice-cream cone)
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To: L98Fiero

It won't matter how your state voted if the Supreme Court decides you guys are bigots.


10 posted on 12/21/2006, 7:44:06 PM by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: L98Fiero

When I say we are losing, I dont' mean the majority is siding with the gay activists. I'm saying that no one is defending the premises that will matter in court, and the judges want this nonsense. So it's just a matter of time.


11 posted on 12/21/2006, 7:45:46 PM by The Ghost of FReepers Past (Woe unto them that call evil good, and good evil; that put darkness for light..... Isaiah 5:20)
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To: The Ghost of FReepers Past

"It won't matter how your state voted if the Supreme Court decides you guys are bigots."

Yep, that IS the bottom line. That's why I said that what the people want matters not anymore. The government tells us what's right, wrong and good for us.


12 posted on 12/21/2006, 7:50:04 PM by L98Fiero (The media is a self-licking ice-cream cone)
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To: Drew McKissick

Don't worry about it. They can get married and you can still hate them.


13 posted on 12/21/2006, 9:02:54 PM by Mazda3Fan
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