Tuesday, January 31, 2012

Doesnt our constitution over rule Webster or any other dictionary? Gay marriage?

Many make the claim gays can't get married because marriage is between a man and a woman, but if I'm not mistaken we use the constitution to define how people should be treated. And using the 14th amendment which basically says all states must treat EVERYONE that is a citizen is EQUAL. So if Jane allowed to marry any Joe, then by constitutional right, John is allowed to marry any Joe as wellDoesnt our constitution over rule Webster or any other dictionary? Gay marriage?
Yeah, but you have to remember the people that are against gay marriage are being irrational.
The Constitution doesn't say this at all.



The 14th amendment only says that everyone is entitled to "equal protection of the law". In other words, the law must apply equally to everyone. It does not mean that "everyone must be treated equally" or that "the law needs to give people whatever rights you want it to".



As it happens, every person has the same rights to marriage as anyone else in the US. The definition of "marriage" currently used by the law is "between a man and a woman", and everyone is entitled to do this. Likewise, nobody is entitled to gay marriage at this time. As such, it's perfectly within the 14th amendment's guidelines.



Don't get me wrong, I support the legalisation of gay marriage, and would vote in favour of a bill to introduce it. However, I can't agree with your claim that the constitution requires that it be in place. A lot of people seem to think that the US Constitution requires laws to be passed that protect "freedom" or "equality", which is not true. The interpretation of the Constitution you give is not a valid one, nor would any court rule that it was.Doesnt our constitution over rule Webster or any other dictionary? Gay marriage?
You are confused on two counts:



1) Our Constitution does not say that everyone is equal. It says we are created equal. A person's actions can change that, as is shown in other portions of the Constitution and why prisoners do not have the same rights. A gay person's actions may disqualify them from that equality in this respect. That is for us, as a nation, to decide.



2) Second, you know that civil unions are coming, I know they are coming, we all know they are coming, but if the movement would just stop trying to force religions to acknowledge such unions as "marriages", they would have FAR less trouble getting there. They have no right to force religions to change their ethics and morals. That's just wrong.Doesnt our constitution over rule Webster or any other dictionary? Gay marriage?
You have an interesting idea, but a few things need to be clarified:



America runs on common law, so you have to seek legal tradition to understand one's rights.



The 14th amendment only applies to the states when there is a fundamental right, and that right has been incorporated through the 14th amendment. For example the 2nd amendment right to bear arms was only incorporated against the states in the past 2 years.



Marriage, while a fundamental right, has mostly been a product of the states. There are certain things a state cannot do...such as prohibit inter-racial marriage, or completely prohibit divorce.



As far as gay marriage is concerned, states still have the right to prohibit it, but this will change as all things do. Common law is slow, but it always changes.



Finally people who blame that on activist judges are just silly. Since common law began it moved in such a way. It is far older than our Constitution, and our founders based our country on it. It is supposed to move.



As a final side note, most people don't know that Thomas Jefferson believed that the Constitution should be rewritten every ten years. He believed a lot of things most Americans don't know. Obviously we didn't follow that advice, but people should realize even back in the day people had opinions much like today.
That's how a smart person see this argument. It is a RIGHT we are given by our constitution, we are all equal. We each have our own beliefs and ideas but we cannot force them onto other people. As an America citizen any homosexual has the RIGHT to marry who every they want. We shouldn't deny any citizen their rights. There can be no second class citizens in America, only a sub set of undocumented workers we use as wage slaves to keep food prices down.
States have to treat people equally but not the same.

Men and women are equal but not the same

Men can go in to the men's bathroom
Women can go in to the women's bathroom

Men cannot go in to the women's bathroom
Women cannot go in to the men's bathroom

It's the same with marriage:
Any unmarried adult man can marry any unmarried adult woman
Any unmarried adult woman can marry any unmarried adult man

Men cannot marry men
Women cannot marry women

Equal but not the same
Gay marriage is not blocked by the constitution, It is blocked by ideology, biology and natural selection.



Herb



A real photo of Paul Grass has now blocked me. Why is he so afraid of me? Why are radical liberals afraid to face the truth or opinions that do no match their own? After all this is YA where no ones opinion is heard in Washington. .
Where in the constitution does it mention marriage? It doesn't. the government shouldn't even be involved in marriage of any kind. Marriage is between two partners and their god should they choose to believe in one. the government needs to butt out.
You are correct....and furthermore, the Constitution GRANTS rights, it does not RESTRICT them....(Congress tried to use an Amendment once to restrict rights when it passed the 18th Amendment, which had to be swiftly repealed by adopting to 21st)....
...(and) the States (under the 10th Amendment) can legislate it as well... so what's the problem ?
Wow, if life were so simple as to consult with a written dictate, how simple life would be indeed.

Yeah, marriage is traditional societal practice.

Look that up in the dictionary.
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