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Should ALL marriage be illegal in the USA?
With the passing of Prop 8 in California, and laws in other states banning Gay marriage in their constitutions, it seems like the slow and steady process of completely abolishing the equal rights for homosexuals in this country is well underway. Although the Constitution of the United States of America does not deny gay couples the right to marry- it could eventually- especially with California- supposedly America's most liberal state- on the bandwagon. Our constitution does, however, conflict with the practice of Heterosexual marriage, and with the grounds that Heterosexual voters and politicians are using to justify the ban on gay marriage. The number one argument that I hear against gay marriage is that it goes against the religious traditions of this country. However, if marriage is viewed as a religious practice, then the process should have no affiliations with the government in any way, under the rule of Separation of Church and State that was laid down in our constitution. It is unfortunate for those that oppose gay marriage that they have chosen to use religion as the basis for their arguments, as this simply means that their own heterosexual marriages should not be recognized by the government. I personally think that they are on the right track and that the only way to make this country the place of equality that is often reputed to be, is to remove all government affiliations from marriage and for all married people to be considered single. This way there are no more tax breaks, no more visitation rights, no more special insurance clauses and exceptions. The government will have ceased to offer special privileges to some consenting, tax paying adults and denying them to others. Who agrees/disagrees?
The First Amendment to the United States Constitution is the part of the United States Bill of Rights that expressly prohibits the United States Congress from making laws "respecting an establishment of religion" or that prohibit the free exercise of religion, laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to peaceably assemble, or limit the right to petition the government for a redress of grievances.
Since marriage is a religious institution, this applies. Thanks!
Concerning the person who compared homosexuality to incest: Incest is illegal in many jurisdictions. The exact legal definition of "incest," including the nature of the relationship between persons, and the types sexual activity, varies by individual states. These laws can also extend to marriage between said individuals. However, preexisting laws against Homosexual sex (anal sex included), thanks to the ruling of Lawrence v. Texas, were invalidated being an unconstitutional violation of privacy, with Sandra Day O'Connor's concurring opinion arguing that they violated equal protection. I am talking about law here, people, not about what makes your stomach turn. That's your personal problem.
One LAST thing. Please read the question. The whole thing. It's not sarcastic in any way. I am not, as at least one answerer seems to think- asking for the right to marry a man. I am asking that no one have the right to marry. Then we don't have to worry about incest or animals or anything else currently illegal or not involving consenting adults that you keep comparing with relationships that are perfectly legal and do involve consenting adults. So read the question please. :)
5 Answers
- Anonymous1 decade agoFavorite Answer
There is NO Separation of Church and State in our Constitution. That was from a PRIVATE LETTER that Jefferson wrote. The First Amendment says that Congress can't establish or endorse a religion. It doesn't say that nothing religious can be in. Multiple religions recognize marriage. So it doesn't violate the Constitution.
BTW the Govt has been denying the right to marriage to consenting adults for YEARS. They just weren't a big enough group, or making a big deal of it. It is the group of family. You can say incest is sick if you want. Personally I think homosexuality is sick as well. Point is if you want EVERYONE to have the same rights then you have to agree that family members should be allowed to marry as well if they are adults.
- SpecificLv 71 decade ago
Sorry, but marriage is a fundamental right that is guaranteed by the Constitution. You can't make it illegal without amending the Constitution. Your dispute is with the interpretation of that right - namely that marriage is being defined as one man / one woman.
Personally, I don't believe that such a definition is warranted and think gay people should have the same rights as the rest of us. However, I do not think that outlawing marriage altogether is the answer simply because some people are being denied that right currently. I don't have a solution to this issue, and it will remain divisive for the foreseeable future.
- 1 decade ago
I would certainly have to read the constitution to validate any of what's been said...I certainly don't know. I do know that marriage is certainly not against the constitution, or it would already be illegal. I'm sure that all the homosexual couples that have been denied marriage have approached this very subject in some form or other. With your new "wonder" president, maybe it won't be an issue for long, no?
- f*** Y!ALv 51 decade ago
What about the rights of incestuous couples? I'm sure even a supporter of gay marriage would cringe at the thought of their children marrying each other. If we change the laws of marriage to include homosexuals based on the fact that it is a "right," wouldn't we have to also allow incestuous couples to marry?
I could imagine that many of the reasons someone wouldn't support incestuous marriage would also apply to homosexual marriage, religion aside.
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- Rachel KLv 41 decade ago
You make a very interesting point. I don't have much time to type right now, but that might actually be a good idea to keep the constitution and make more equality. i think, though, that it should just be that anyone can marry instead of no one, though it might never happen.
