Ban Gay Marriage? What About Gay Driving?

The despotism of custom is
everywhere the standing hindrance
to human advancement.
~John Stuart Mill~ philosopher (1806-1873)

In the arguments against advancing human rights, when all other reasons have been shown to have no merit, the last positions taken are: “It has always been this way” or “The Bible tells me so”. Neither has merit for the basis of our Laws, in our Constitutional Republic.

The end of slavery, women’s suffrage, civil rights including integration of the schools, no more “separate but equal” half measures, Blacks and Whites serving together in the military and inter-racial marriage. These are just a few laws and customs which were bitterly fought, with these same arguments used against them. We overcame those and we are a better, stronger nation because of all the advancements we have made in our freedoms.

Our Founding Father’s advanced human rights beyond what was the norm of their day. It was not perfect, but it was a good beginning. They had the foresight to make it a “Living Document” that would allow for each generation to rethink the issues and make changes without having to resort to Revolution.

We find ourselves at another point in this ongoing experiment of self-government, of advancing human rights: Gay marriage.

The issue is whether or not adults should be able to claim their right to marry whomever they wish. That and equal protection under the law, are the only issues.

This really has already been answered in one court case. Just substitute the word gender for race.

The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.
Loving v. Virginia Supreme Court

Most of us understand the meaning of the first two words of the phrase, “Life, Liberty and the Pursuit of Happiness”. Both of those are momentous to all human beings. But, what does “Pursuit of Happiness” mean? The Founding Fathers believed that it was crucial to the quality of our lives, for it’s inclusion into the Declaration of Independence. Pursuit of Happiness is different for all of us. What is important for me to be happy, may not be for you. Each and every one of these rights to the Pursuit of Happiness may not be codified into law, but that does not mean that I do not have the right to claim that right. I have made a list of what makes me happy and right at the top of that list is the right to marry whomever I love. Pursuit of Happiness is just as necessary to the true American values, as life and liberty. For what is Life without Liberty or Liberty without the Pursuit of Happiness?

There was a time when people of different religions could not marry, people of different races could not marry. The same arguments were used against these issues, as are being used today, against gay marriage.

The opponents of Gay Marriage have three main arguments:

1. Historical or Custom: Marriage has always been, since the beginning of time, between one man and one women.

This is not true. Even today, in many countries, polygamy is a fact. Up until 1890, Utah’s Mormons practice of polygamy based on religious grounds was not only part of their beliefs, but how many lived, until the Government passed laws making it illegal. Which begs the question; why certain Christians should be allowed to place their religious beliefs into laws of the land and other religions cannot? Many historical documents, the Bible being one, report on many marriages which were between one man and one or more women.

2. Biblical: Marriage is a sacred, religious union and is between one man and one women, for life, as the Bible states. Here is a short list of some of the Bible’s laws on marriage.

A. Solomon … had seven hundred wives and three hundred concubines. 1 Kg.11:2-3
B. Marriage shall consist of a union between one man and one or more women. Gen 29:17-28; II Sam 3:2-5
C. Marriage shall not impede a man’s right to take concubines in addition to his wife or wives. II Sam 5:13; I Kings 11:3; II Chron 11:21
D. If a married man dies without children, his brother shall marry the widow, even if he already has a wife. If he refuses to marry his brother’s widow or deliberately does not give her children, he shall pay a fine of one shoe and be otherwise punished in a manner to be determined by law.
(Gen. 38:6-10; Deut 25:5-10)
E. Marriage shall not impede a man’s right to take concubines in addition to his wife or wives. II Sam 5:13; I Kings 11:3; II Chron 11:21

3. Legal: Marriage is codified into law as being between one man and one women.

Many laws have been passed which are unconstitutional. Those persons with standing, who can show that the law intrudes upon their rights, may challenge these laws before the courts. When these laws fail to pass the Constitutional requirements, they are overturned.

You can only be legally married, if you obtain a Marriage License from the State. After having the marriage ceremony, the Marriage License being duly signed by the witnesses, the State will then issue a Marriage Certificate.

This makes all marriages a Civil Union. Marriage or Civil Union? Why not call gay marriages Civil Unions and marriages between a man and a women Marriage? Separate but equal has never worked. Either all are Civil Unions or all are Marriages. The correct use of words matter.

The ceremony may be religious, but this does not make the marriage religious or sacred. You can not marry in any religious building or have the wedding ceremony officiated by a clergyman, without the Authority of the State. “By the power vested in me by the State of California, I now pronounce you married”. Notice it is not God given, but the power is given by the State. You must have the State License/Certificate to have a State recognized marriage with all the special benefits allowed married couples.

What other License can the State deny an American based on sexual orientation? Driver’s License, Real Estate License, Beautician License or Hunting License?

When will justice come?
When those who are not injured
are as indignant as those who are.
~Tolstoy~

Many American’s are offended by homosexuality and Gay’s being allowed to marry. The Constitution does not guarantee that we won’t be offended! As citizens of the Republic of the United States of America, it is our duty to stand up for every American’s rights! Every one of those rights! Even if we are offended by it. Most of us have something which we do that offends someone. We are a country based on the rights of a minority (Constitutional Republic) over the power of the majority.

As many of our Founding Father’s stated in their writings and rulings, they did not approve of any religious dogma being part of the laws of America.

History, I believe,
furnishes no example of a priest-ridden people
maintaining a free civil government.
This marks the lowest grade of ignorance
of which their civil as well as religious leaders
will always avail themselves for their own purposes.
~Thomas Jefferson~

….the government of the United States
is not in any sense founded on the Christian religion.
~from the Treaty of Tripoli~ unanimously passed by the U.S. Senate in 1797.

It does me no injury for my neighbor
to say there are 20 gods, or no God.
It neither picks my pocket nor breaks my leg.
~Thomas Jefferson~

We should never mix civil laws and religious beliefs in America. That way leads to a Theocracy. Which religion should those laws be based on? The majorities religion? Would this take us back to the time in history, when people were tortured by the Church/State to confess and accept the religion which was in power? And if one did not submit, even though they had been tortured almost unto death, would we then burn them at the stake? A government that will demand its people to believe “the word of God” and respect “public prayer” is tyranny. An America, which allowed laws based upon religious beliefs, would have very little difference than an Afghanistan or an Iran. Leave religious beliefs in the private lives of the believers, in their homes and in the churches. Keep what has been won at such a great cost, by generations of Americans: Our ever expanding recognition of human rights and our freedoms!

I would not wish to marry someone of the same sex. I do understand that other’s can not imagine marrying someone of a different sex. This is the “do unto others” rule which I try to live by.

Deut 22:19; Mark 10:9 Since marriage is for life, no law shall be construed to permit divorce.

If you want to protect marriage, make divorce a crime!

The argument that was used recently while the Republicans were trying to pass a Constitutional Amendment to keep marriage only between one man and one woman that if we allowed anyone to marry whom they love, it would hurt hetrosexual marriages has been shown to have no merit.

Heterosexual marriage rates in Denmark actually increased after adoption of same-sex marriage. They are now the highest they have been since the early 1970s.
The majority of families with children in Scandinavia and the Netherlands are still headed by married parents. In Norway, 77 percent of couples with children are married and 75 percent of Dutch families with children are married couples.

Here are some other Biblical words on this subject of marriage between one man and more than one wife.

Gen.4:19 And Lamech took unto him two wives.
Gen.16:1-4 Now Sarai Abram’s wife bare him no children: and she had an handmaid, an Egyptian, whose name was Hagar. And Sarai said unto Abram, Behold now, the LORD hath restrained me from bearing: I pray thee, go in unto my maid; it may be that I may obtain children by her. And Abram hearkened to the voice of Sarai. And Sarai … gave her to her husband Abram to be his wife. And he went in unto Hagar, and she conceived.
Gen.25:6 But unto the sons of the concubines, which Abraham had….
Gen.26:34 Esau … took to wife Judith the daughter of Beeri the Hittite, and Bashemath the daughter of Elon the Hittite.
Gen.28:9 Esau .. took …Mahalath the daughter of Ishmael … to be his wife.
Gen.31:17 Then Jacob rose up, and set … his wives upon camels.
Gen.32:22 He [Jacob] … took his two wives, and his two womenservants.
Ex.21:10 If he take him another wife….
Dt.21:15 If a man have two wives, one beloved, and another hated….
Judges 8:30 And Gideon had threescore and ten sons of his body begotten: for he had many wives.
1 Sam.1:1-2 Elkanah … had two wives; the name of the one was Hannah, and the name of the other Peninnah.
2 Sam.12:7-8 Thus saith the LORD God of Israel, I gave thee, thy master’s wives….
1 Chr.4:5 And Ashur the father of Tekoa had two wives, Helah and Naarah.
2 Chr.11:21 Rehoboam … took eighteen wives, and threescore concubines.
2 Chr.13:21 But Abijah waxed mighty, and married fourteen wives….
2 Chr.24:3 Jehoiada took for him two wives….
Deut 22:13-21 A marriage shall be considered valid only if the wife is a virgin. If the wife is not a virgin, she shall be executed.
Gen 24:3; Num 25:1-9; Ezra 9:12; Neh 10:30 Marriage of a believer and a non-believer shall be forbidden.