This will probably be my only contribution to the discussion/Massive Torrent of noise round yesterday’s Supreme Court Decision if only because I find it to be kick ass.
My position on Gay Marriage has always been along the lines of “I’m not Gay… I have bigger problems to deal with in my life.” Let’s be honest, if you don’t find people of the same sex desirable then this doesn’t change your life one damn bit, no matter what side you fall on the debate.
I think the thing that has made this such a hot button topic is because, regardless of the fact you could just go down to the court house to do the deed, Marriage is a deeply and heavily Religious ritual. It’s easy in this day and age for lot of us to divorce ourselves from that truth, but it’s still there.
And if Marriage were still under the soul authority of a religious ritual then Amendment 1 would have to kick in. I’m sorry but that’s just how it is.
But it’s NOT a strictly religious thing anymore. Hasn’t been for a very long time. So Instead of Amendment 1 and the Separation Clause kicking in Amendment 14 and Equal Protection MUST kick in under the law. The legal institution must adhere to the Constitution, and Amendment 14 makes that clear.
You can argue about which level of our government has authority over the legal intuition as it relates to licenses, taxes, property, but at the end of the day Amendment 14 makes it clear that you can’t restrict it without a damned good reason. And because it’s two men or two women isn’t one of them.
The RELIGIOUS institution is still protected under Amendment 1, it has to be. The Separation clause is NOT a one way street where the Government can dictate the belief structure of a religion. If that were the case then we could legally tell any religion that they have to change their structure as the Government sees fit.
The Founders didn’t WANT the Government telling them how to worship, who to worship, or what not to believe in. It’s easy to think it was about keeping the Church out of our Government, but it was just as much about keeping the Government out of our faith. European countries of the time had state approved Religions, even if they were all just Offshoots of Christianity.
Much like the separate sects of Islam are today.
So as of now it’s the law of the land. Let us take the time to celebrate it, but not let this overwhelm what must happen next. WE still have what I call REAL problems in this country to debate, to discuss, and to try and find solutions for. We have discoveries to make, and schedules to keep. Some people just get to do so now as a recognized unit under the law that couldn’t Thursday when we all went to bed.
That’s my thought out of the way.