Firstly, let me say that I hate politics in this country because I think people are misguided and fail to account for the constitution within their
opinions and reasoning. Secondly, please enjoy! (I originally created this for the state of California, so you will recognize some references
regarding that state. However, it applies to any state.)
Gay marriage should be legalized because constitutionally it simply shouldn't matter. The only reason it's an issue is because religious people
don't want their "sacred union" of marriage infringed upon by the "evil homosexuals' who might send their religious convictions up into turmoil; that
being between a man and a woman. However, if THAT is the case, then the first amendment of the bill of rights is being ignored. Congress shall pass no
law respecting an establishment of religion, essentially.
"Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Note
-Congress shall make no law respecting an establishment of religion-, or prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
So, either the entire institution of marriage is illegal because it is a law in respect to an establishment of religion, thus it needs to be outlawed.
Or it's agreed or settled upon that marriage is not legally related to religion, and in that respect it doesn't need to be outlawed, and should make
no difference whether Homos want to call their union a marriage or not.
"Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. NoteCongress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances."
The traditional opinion that marriage must exist only between man and woman is a derivate of religion. It's as simple as that. There is no evidence to
the contrary, only proofless assertions being espoused in disguise as "American tradition" or "tradition", when in reality it is the last line of
defense for the religious concept of marriage.
Congress shall make no law respecting an establishment of religion. That is NOT just my interpretation of the tradition, it is in fact found to be
evidenced within the Major religions that recognize "marriage" as an institution of union, and, not surprisingly, their followers and their books all
state and allude that homosexuality or same sex marriage is wrong in some way.
"Amendment 9 - Construction of Constitution. Ratified 12/15/1791.The enumeration in the Constitution, of certain rights, shall not be construed to
deny or disparage others retained by the people."
Denying same sex marriage would also serve to violate amendment 9 if Amendment 10 is being used as a legal vehicle to deny same sex marriage by
Vesting power into the people through popular vote at the state level, being that the preamble is not actually numbered as a constitutional Amendment
and technically is not usually recognized as De Jure, then the argument of the pursuit of happiness, etc. I will ignore.
"Amendment 10 - Powers of the States and People. Ratified 12/15/1791. NoteThe powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people."
Equal rights is defined under Amendment 9. If Amendment 10 is used as the argument as to why the people can vote out the rights of the minority, then
they are in effect using Amendment 10 in violation of Amendment 9. Amendment 9 states that no Amendment can be construed to disparage or deny rights
to people that are retained by others. Through combining Amendment 10 and Amendment 9, we have a definition of how equal rights and equal equal
protection are being violated in the context of this case. Thus DOMA is illegal, prop. 22 is and prop 8 is in California.
There is nothing wrong with Amendment 10 when used correctly, but if argued as to be a valid basis to negate marriage equality, then this a blatant
misuse and it violates and denies the rights of others, again disregarding and transgressing Amendment 9.
In addition to the above play on the hypothetical use of Amendments in this case, the California Judicial system is set up in a way that the popular
opinion and vote may not even matter.
In essence, our only hope IS the Fiduciary obligations of the Supreme Court. The California Constitution is #ed and so is its judicial system. It has
taken away all power from the people.
The California Constitution should be absolutely repealed and abolished and restored with the Supreme Jurisdiction of this land, which is found in the
UNITED STATES CONSTITUTION.
Section. 1."The judicial Power of the United States shall be vested in one supreme Court..."
This court follows the UNITED STATES CONSTITUTION, not the California Constitution, and has power to over-ride state ratified constitutions.
Section. 2."The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority;... between a State, or the Citizens thereof..."
Thus it is absolutely constitutional that the Supreme Court has authority over this matter.
Section. 2."The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States..."
From here, it MUST be a national decision. There can not be one state where privileges and immunities are not parallel with those of another state.
Ergo, if same sex marriage is legalized in a state, either all states must legalize, or it must be struck down by the Supreme Court. Since it has been
proven to be a constitutional right, then the final decision will be a National Liberation on same sex marriage and a proliferation of its use.
Lastly, remember, same sex marriage does not mean that you are, or have to be a homosexual. Marriage will be available to ANYONE (age restrictions)
under any basis. Enjoy America.
edit on 11-8-2014 by PansophicalSynthesis because: small paranthetical addition