Dan's Soapbox

Dan's views on current events, popular culture, and other topics of interest.

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Wednesday, December 22, 2004

The Defense of Marriage Amendment

Here's one version of the proposed Defense of Marriage Amendment from a religion website called First Things:

Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any state, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred on unmarried couples or groups.

From the both the text of the Amendment, and from the explanation on the same page, it is clear that the aim is to disciminate against gays because gay sex doesn't appeal to them.

Well speaking personally, gay sex doesn't appeal to me either, but neither do pickles or anchovies. But I'm not trying to pass laws making it illegal to eat pickles or anchovies. While such laws will protect me from the unpleasent surprise of biting into a pickle slice hidden in a deli sandwich or fast food burger, it infringes upon the rights of people who enjoy pickles needlessly.

It would be a protection against a nonexistant danger. While I don't care to taste pickles in my food, pickles don't cause me any harm. And the long essay on the page linked above never actually states what harm would come if Adam and Steve got legally married.

And by denying "the legal incidents thereof," civil unions are banned and the Constitution is modified to limit civil rights, rather than expand them.

If the concern, as some supporters of the Amendment claim, is that they don't want Judges redefining marraige for them, then here's an alternative constitutional amendment.

Each State shall have the right to define marriage and who may enter into marriage. Legal incidents granted between persons by any State shall be honored by all other States.

This version of the Amendment transfers the power to define marraige from judges to the people, while protecting the rights of couples to establish relationships as they choose (as Vice President Dick Cheney said ought to be allowed). While same-sex couples may not be considered "married" in certain states, their rights & responsibilities with respect to each other would be protected wherever them may travel or choose to live.


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