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- Nov 9, 2007
Some of you really need to read a book or go to school. A lot of you are throwing out terms that you don't understand.
1. Civil rights are those rights given to all US citizens under the constitution. Everyone has these rights no matter what your race or sexual orientation is. Civil rights have nothing to do with black people, with the exception that we were denied certain civil rights. It is a term that's applicable to any US citizen and black people do not own it like some of you seem to believe.
2. There are 2 distinct components to marriage. There is the legal aspect and also the religious aspect. Marriage predates any religion, and it certainly predates your specific religion. As such, there is a foundation for there to be laws governing marriage. Since there are laws governing marriage, the legal aspect of marriage is the only one that matters. The religious aspect is between you and your god. No one else cares. However since there are laws governing marriage, they must be applied to everyone within the boundaries of the constitution.
3. There are rights that are not specifically in the constitution but that are still given the same protection. These are called fundamental rights. They include things such as the right to privacy and the right to marry. Everyone has the right to marry. Since everyone has this right, any restriction on the right is going to be unconstitutional. If no one were allowed to marry, it would be a restriction of substantive due process. Instead, only a certain group is not allowed to marry. This is a violation of the Equal Protection clause.
4. Equal protection questions start with the identification of the class being discriminated against. Any discrimination based on race or religion is going to be subject to strict scrutiny. Usually, discrimination based on sexual orientation would be subject to intermediate scrutiny, which is a lower standard. However, since the right to marry is a fundamental right, it will be subject to strict scrutiny. In order for the ban on gay marriage to stand, the state must have a compelling interest. Most strict scrutiny laws are struck down as unconstitutional.
5. The issue now is that marriage has traditionally been governed by individual states, which is why some allow it and some don't. Because of DOMA, the federal government doesn't enforce the full faith and credit clause, which would require all states to recognize the gay marriages performed in other states. However, as stated in #4, DOMA is unconsitutional. Obama's administration has recently said that it will no longer defend this act in courts, and I think recently they started actions to have it declared unconstitutional. This is an inevitability. DOMA will be gone, along with it's definition of a marriage as being between a man and a woman, and states will have to recognize those marriages performed in other states and eventually will be forced to allow it themselves, because any law against it will be similarly unconstitutional. Any argument against this is not based in fact or reality.
A couple more points, freedom of religion will not be impacted by this, because this only affects legal marriages. No one is forcing religions to perform marriages that they are against. Only states will be. Second, the argument that any gay person is currently able to get married to someone of the opposite sex is irrational. The right is the right to marry the person of your choosing. Currently only gay people are denied this. Now usually comes the slippery slope fallacy. What about incest? What about polygamy? Where those arguments fail is that being gay is who you are. Incest and polygamy are choices. Gay marriage is not about legislating moral behavior. It is giving a class of people equal rights. A ban on gay marriage is a denial of rights based not on who someone loves, but who they are as a person. It is saying that who homosexuals are as people is wrong and that they are incapable of having traditional sexual values (like someone who practices incest or polygamy). This is wrong and the reason why black people like myself draw the comparison to our own struggle is because a ban on same sex marriage, and the comparisons to sexually deviant behavior, are very similar to calling someone less than a person. Just not in so many words. A gay couple is not different than a straight couple, yet by saying that they can't possibly have the same values as you do because they are gay, you are saying that they are less than you. Maybe 3/5ths of you?...
1. Civil rights are those rights given to all US citizens under the constitution. Everyone has these rights no matter what your race or sexual orientation is. Civil rights have nothing to do with black people, with the exception that we were denied certain civil rights. It is a term that's applicable to any US citizen and black people do not own it like some of you seem to believe.
2. There are 2 distinct components to marriage. There is the legal aspect and also the religious aspect. Marriage predates any religion, and it certainly predates your specific religion. As such, there is a foundation for there to be laws governing marriage. Since there are laws governing marriage, the legal aspect of marriage is the only one that matters. The religious aspect is between you and your god. No one else cares. However since there are laws governing marriage, they must be applied to everyone within the boundaries of the constitution.
3. There are rights that are not specifically in the constitution but that are still given the same protection. These are called fundamental rights. They include things such as the right to privacy and the right to marry. Everyone has the right to marry. Since everyone has this right, any restriction on the right is going to be unconstitutional. If no one were allowed to marry, it would be a restriction of substantive due process. Instead, only a certain group is not allowed to marry. This is a violation of the Equal Protection clause.
4. Equal protection questions start with the identification of the class being discriminated against. Any discrimination based on race or religion is going to be subject to strict scrutiny. Usually, discrimination based on sexual orientation would be subject to intermediate scrutiny, which is a lower standard. However, since the right to marry is a fundamental right, it will be subject to strict scrutiny. In order for the ban on gay marriage to stand, the state must have a compelling interest. Most strict scrutiny laws are struck down as unconstitutional.
5. The issue now is that marriage has traditionally been governed by individual states, which is why some allow it and some don't. Because of DOMA, the federal government doesn't enforce the full faith and credit clause, which would require all states to recognize the gay marriages performed in other states. However, as stated in #4, DOMA is unconsitutional. Obama's administration has recently said that it will no longer defend this act in courts, and I think recently they started actions to have it declared unconstitutional. This is an inevitability. DOMA will be gone, along with it's definition of a marriage as being between a man and a woman, and states will have to recognize those marriages performed in other states and eventually will be forced to allow it themselves, because any law against it will be similarly unconstitutional. Any argument against this is not based in fact or reality.
A couple more points, freedom of religion will not be impacted by this, because this only affects legal marriages. No one is forcing religions to perform marriages that they are against. Only states will be. Second, the argument that any gay person is currently able to get married to someone of the opposite sex is irrational. The right is the right to marry the person of your choosing. Currently only gay people are denied this. Now usually comes the slippery slope fallacy. What about incest? What about polygamy? Where those arguments fail is that being gay is who you are. Incest and polygamy are choices. Gay marriage is not about legislating moral behavior. It is giving a class of people equal rights. A ban on gay marriage is a denial of rights based not on who someone loves, but who they are as a person. It is saying that who homosexuals are as people is wrong and that they are incapable of having traditional sexual values (like someone who practices incest or polygamy). This is wrong and the reason why black people like myself draw the comparison to our own struggle is because a ban on same sex marriage, and the comparisons to sexually deviant behavior, are very similar to calling someone less than a person. Just not in so many words. A gay couple is not different than a straight couple, yet by saying that they can't possibly have the same values as you do because they are gay, you are saying that they are less than you. Maybe 3/5ths of you?...