Thursday, December 09, 2010

The issue of Gay Marriage is taking the same path that the issue of Abortion took 40 years ago. Currently it's a States' Rights issue (notwithstanding the Defense of Marriage Act), as Abortion was before Roe v. Wade. That is, individual states are determining their policy democratically. Some states that have chosen to deny the freedom to marry whomever one chooses are being challenged in the courts. Courts, such as California's, are moving toward striking down the restrictions based on constitutional principles of Equal Protection and Due Process. Roe v. Wade and the Right to Privacy (upon which the decision was based) were both made on those principles.

Without a huge twist of logic however, these principles don't support the resulting decisions. Equal Protection simply means that our laws should apply to all of us equally, that no one is above the law. Due Process establishes that there is a process that is due all who are accused of a crime. Namely, being told the crime one is accused of committing, the right to confront the accuser, the right to a speedy and public trial, legal representation, etc.

The fact is, the Federal Government was never granted the power to regulate, deny, or forcibly allow privacy, abortions, or marriage. It simply has no say in these matters. These are, by default, issues "reserved to the States respectively, or to the people." (Tenth Amemendment) We, the people, are allowed to make laws in these areas as we see fit, as long as we don't run afoul of true constitutional principles. The Federal Government's 1996 Defense of Marriage Act should be struck down by the Supreme Court. It simply has no jurisdiction.

Freedom will eventually win this battle and people will be allowed to marry whomever they like, either through principled legislation or further distorting the Constitution. The question is are we going to act like respectful adults and stop trying to deny others the Pursuit of Happiness, or are we going to further pervert the constitutional principles of Due Process and Equal Protection?

Our Constitution provides for us if we'll simply adhere to its principles. Let us be respectful of it and of everyone's Inalienable Rights.

Let Freedom Reign.