Day Two

How else does one get over a bout of writer's block but to step away from the project at hand for a bit?  Plenty of people try pushing through it, just keep writing in spite of the block.  I really can't decide which is the better approach, so here I am busting writer's block on one project by writing on another project.  Makes tons of sense, right?  OK, my logic circuits may have failed at this point.

But I'll tell you what I'm really hoping doesn't fail today- oral arguments opposing the Defense of Marriage Act, as heard by the Supreme Court of the United States.  Yesterday began the marriage equality week with oral arguments on California's Proposition 8, and today continues with more discussion of marriage equality.  It should be pretty clear where I stand on the issue- everyone has the right to be just as miserably or happily married.  Period, full stop, turn the page.  I'm still surprised when I hear people speak out against marriage equality, even though I shouldn't be.  I'm just here wasting time and pointing out some issues at play in the equal marriage debate.

Possibly first in my mind is the 14th amendment to the constitution- "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; ... nor deny to any person within its jurisdiction the equal protection of the laws."  If denying marriage equality doesn't abridge the privileges of US citizens, I don't really know what does. 

Going along with that is the first amendment, long regarded as the source of our separation of church and state.  Given that nearly all of the arguments that I've heard against marriage equality go back to religion (and I only say "nearly all" because I tend to be conservative in throwing around absolutes), the separation of church and state play a decent sized role here.  No one is forcing a given church to perform same sex marriages, nor condone them, just stop trying to influence the laws of our secular nation.  No matter how hard you might want it, the US is not a theocracy.

And to those who oppose same sex marriage on biblical grounds- show me where the bible says anything against same sex marriage, or homosexuality in general.  It doesn't.  And then show me where you follow all of the other things that the bible does actually speak against.  Wait, you probably don't.  So stop the judgey-judgingness already.  I'm fine with you speaking out on what you think is wrong, but please realize that your definition of wrong is far from universal and stop trying to impose it on other people.

Similarly, the pseudo-arguments from nature yesterday were just embarrassing.  Same sex couples can't get married because they can't have kids?  Who decided that the purpose of a marriage is to have kids?  What does that have to do with things like access to a spouse's health insurance?  Or hospital visitation?  And what about the opposite sex couples that can't have kids?  Or- GASP!- choose not to have kids?  The state has no say in forcing people to have children, any more than it has a say in forcing people to not have children.  Unless you want the US to be on par with China during it's one-child policy period.  

So yeah, sorry, but your arguments come down to "Ew!  I don't like that idea!" and that's no basis for sound legal arguments.  Can the US that values human rights, individual freedom, and life, liberty, and pursuit of happiness please stand up?  Thanks.  

What's your favorite anti-marriage equality argument and comeback?