Posted by
Playful Walrus on Wednesday, July 02, 2008 7:02:27 PM
In the ideals of American tradition, our laws have been meant to protect our God-given personal rights (such as freedom of speech and religion), protect property, and facilitate and protect honest trade. Where our laws erred is when they sought to infringe upon these things, such as with slavery. Ideally, someone should be free to do with their property and run their business as they choose, as long as they do not infringe upon the rights of others.
In order to rectify past injustices, we implemented laws that prevented employers and landlords from discriminating against people on personal characteristics such as “race”. But this idea has grown into a nefarious, Orwellian situation where we are now in the disturbing position of passing laws and, even worse - suffering court decisions overturning laws – in an attempt to protect feelings, to keep one person from offending another, to affirm choices in personal behavior that bring nothing productive to general society.
How did we let ourselves be ruled like there is a right not to be offended, or a right to public affirmation of personal choices that should not be society’s concern, especially when these things infringe upon clearly recognized rights to freedom of speech and religion?
I often hear that “freedom of religion doesn’t give you the excuse to perpetrate bigotry”. While homosexuality advocates would disagree, I don’t promote bigotry, either in law or personal interaction. However, I do believe that if a gay man wanted to open a business and staff it entirely with other gay men, he should be allowed to do so (without tax funding, of course). Protecting property rights does not mean supporting bigotry. Neither is noticing that there is a difference between the sexes and it is that difference that makes marriage marriage, and also behooves us to license marriage as a state.
When people exercise their rights, sometimes they will do things with which we disagree. Sometimes, someone will be offended, or their feelings will be hurt. That is the price of liberty. As long as someone isn’t harming the physical person of another, slandering or libeling them, or destroying or stealing their property or defrauding them, they should be allowed to do what they want with themselves and their property – including offend someone.
As far as traditional marriage licensing hurting the feelings of some gay people – that’s something they should learn to live with or get over. Licenses are issued by the people of a state, and are a privilege – not a right. Like all licenses, we issue marriage licenses for a specific reason, for a specific purpose, and that isn't because we think it is a great idea that this particular couple is planning a life together or that we can see they are in love. We don't issue driver's licenses based on how much we think the person will enjoy driving. A gay person can choose to obtain a marriage license the same way a straight person can. That most gay people do not want to enter in to traditional marriage does not obligate the state to change the licensing, despite what the California Supreme Court ruled.
Finally, just because you have the freedom to do something doesn’t mean you have the right to do something. There can’t be a legitimate right to do what is wrong – only a freedom to do so. And if that wrong infringes on the rights of another, then the freedom to do it will either be curtailed or the action met with legal consequences.
Ideally, anyway.