Let me preface this by saying I have no problem with gays or gay marriage. The recent threads and discussions about Gay marriage have brought me to an
important realization: Most American citizens do not understand constitutionality or even how the federal government today operates
unconstitutionally. Being a "Constitutionalist" or "Libertarian" has given me a sense of obligation in this matter. The recent discourse has
provided an excellent example of how the federal government is operating outside of its bounds.
So... Let me proceed.
The issue of gay marriage (and pretty much all major issues left in the hands of federal government) shouldn't even be on the federal government's
radar. Nor should we expect them to handle it. The constitution was designed in a fashion that explicitly stated our inalienable and natural rights.
It doesn't GIVE us rights to do anything, it STATES them and says that NO ONE can infringe on them, not even government. Anything the federal
government legislates must be agreed upon by the people or states within the union.
The Constitution was created by the states and any question as to the meaning of the Constitution is rightly settled by the states. When you make
rules for your children, do you permit your children to interpret your rules in any manner they like? Of course not. Yet, the states are permitting
the federal government, the "child" of the states, to do exactly that.
The Supreme Court SEIZED the power of "Judicial Review" through Marbury v Madison. It is not a power granted to the Supreme Court by the
Constitution. When the Supreme Court exercises Judicial Review, it is acting unconstitutionally. It is a huge conflict of interest. The Federal
Government is judging the constitutionality of its own laws. It is a classic case of "the fox guarding the hen house."
The Constitution's "checks and balances" were designed to prevent any one branch of government (legislative, executive or judicial) from becoming
too powerful and running roughshod over the other branches. Who is watching the Supreme Court and will prevent the Judicial branch from acting
unconstitutionally? No one.. so as it stands, the government can deem what is and isn't lawful or constitutional without the will of the
You cannot legislate freedom.. "Legislating Freedom" is a complete oxymoron. Freedom is without bounds and legislation creates boundaries. We are
effectively legislating the freedom of choice and personal preference even if it DOES grant gays federal recognition of their marriage. This directly
contradicts the idea and philosophy of freedom. The fact that we recognize heterosexual marriage and grant benefits based on marriage, contradicts
with the 14th amendment because it doesn't treat all citizens of the United States as equals:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws.
As shown by our current situation.. Legislation of freedom will create inequality, just as it has already done and will continue to do.
Cut the federal government out of the equation (As it was intended to be) and let the people of the states decide the outcome for themselves. The
representation at the federal level doesn't do "We The People" any justice. Let the states decide the outcome on a heterosexual marriage too. This
is much bigger than "Gay Rights".. This has to do with every facet of our lives and every law on the books. This is about freedom in general.
If this is the land of the free, we must be the keepers of our freedom. We must all learn to live our own lives and tolerate the decisions of others
so long as they do not infringe upon our rights or decisions. That is what this country was founded on. The freedom to do as you will within reason
and tolerance of your fellow man. We are here for liberty, life and the pursuit of happiness. This country was created in order to escape the exact
things people are shouting in support of today.
The founding fathers are not given enough credit for what they could see for the future of this country. The constitution has been trampled by big
government and misunderstood by the very people it protects for far too long. While marriage isn't a constitutional right (Nor should it be), FREEDOM
and LIBERTY are born rights of the people and those two words encompass things such as marriage.
I hope this will not only help people understand the power we have as citizens here but also what all the "fuss" of constitutionality is.