The issue of Gay Marriage is often volatile and extensively debatable in most circles. What we must first realize is that marriage is not an
invention of Christianity; while the Christian Wedding Ceremony has existed for a good deal of time it is not the original form of marriage. Various
religions around the world have their own matrimonial customs some of which vary greatly from the Christian marriage so often spoken of on this
thread. Some religions, even some sects of Christianity, promote polygamy, arranged marriages, and other marriage ideals outside of what the
mainstream identifies as marriage in the United States.
That being said we must remember that the United States Constitution forbids the intermixing of religion and government affairs. With that in mind we
must recognize that the Christian viewpoint of marriage or of homosexuals cannot be the basis for law in this nation; nor can any other dogmatic
viewpoint provide for influence on law in this country. A theological doctrine cannot be transcribed into law as to do so would blatantly violate the
freedom of religion in the U.S. Constitution. Therefore the argument of "Adam and Even not Adam and Steve" is moot in this discussion.
I do think the governor of Hawaii intended that this issue be voted on by the citizenry of Hawaii. I appreciate her statement that this is to big of
a decision for so few to make and I will applaud her should she bring this issue to a statewide referendum. The Constitution does not enumerate the
entirety of our rights as citizens. It was written to restrict government to certain roles and does outline certain rights the government cannot
legislate against. Whatever is not mentioned as a power or limit upon the federal government is left to the states to legislate as stated in the
tenth amendment. Therefore it is indeed up to the states to decide what the parameters of a valid marriage are as long as this legislation does not
have a theological base as the Constitution prohibits such actions.
Having said this it becomes clear that to deny two individuals of a right to a union and the ensuing societal and governmental benefits based upon
anything other than their mutual desire to form that union is discrimination. Two like minded individuals wishing to form a bond between themselves
should be recognized by government despite their race, gender, or any other physical/psychological factors. To do otherwise is discrimination by any
definition of the word.
As to those whom would say marriage imparts no specific benefits that cannot be gained outside of marriage I would like to point out something called
Tenancy of the Entirety.
A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the
Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share.
A Tenancy by the Entirety allows spouses to own property together as a single legal entity. Under a tenancy by the entirety, creditors of an
individual spouse may not attach and sell the interest of a debtor spouse: only creditors of the couple may attach and sell the interest in the
property owned by tenancy by the entirety.
Source