Conservative compares same sex marriage to marrying dogs and kids
A few points on same sex marriage while watching the debates at the Supreme Court and reading posts about it. First, to those who state that marriage did not originate with government, it did though. It originated among early human groups, maybe living in cave. That was government, primitive government, but still government. Civil marriage is the exclusive domain of government just as religious marriage is the exclusive domain of religions.
Second, to those who state the 14th Amendment's Equal Protection clause does not apply to gay men or women, well, the 14th Amendment guarantees equal protection under the law. While it was written very shortly after the Civil War, it does not state at that it only applies to freed slaves or racial issues. In fact, it makes no direct mention of race.
If the writers of this Amendment only wanted it to apply to race and not other groups (such as gays) they could have written it so. But they didn't. The clear wording of the 14th Amendment guarantees equal protection to all, such as marriage to gays. While I strongly doubt the writers of the 14th Amendment would support same sex marriage, they wrote a document that clearly does so. When the text is in doubt look to intent, when the text is clear, look again at the text.
Justice Sonia Sotomayor asked the lawyer defending the ban on marriage equality in California, "Outside of the marriage context, can you think of any other rational basis, reason, for a state using sexual orientation as a factor in denying homosexuals benefits? Or imposing burdens on them? Is there any other decision-making that the government could make -- denying them a job, not granting them benefits of some sort, any other decision?
Excellent question Justice Sotomayor. The lawyer responding, Charles Cooper, sputtered back with “Your Honor, I cannot,” Cooper said. “I, I do not have, uh, uh, any, uh, anything to offer you in that regard.”
A Dr. Ben Carson, an opponent of marriage equality, compared same sex marriage with marrying animals and molesting small children. What part of consenting adults do they mix up with their pet or a child anyway? By the way, if you want to support the organization that has been fighting this anti-same sex marriage law in California, and before the highest court in the land today, please think about joining Equality California.
Finally, while debating this issue with a conservative host we got off on a tangent on religion. He said that the 10 Commandments were about rights, and I asked him to name one right in the 10 Commandments. He answered the right not to be murdered. This is actually a prohibition on conduct, not what we would rightly consider a right. I wish I had replied, "well even North Korea has laws against murder and that hardly makes it a nation that honors rights." Sigh, always the best retorts come much later to you when the conversation is over.