Posted by
Playful Walrus on Wednesday, January 03, 2007 3:21:32 PM
An editorial in today’s
Los Angeles Advocate… uh, I mean
Times subtitles “
Schwarzenegger’s Gay Marriage Misstep"
If he hadn't vetoed a bill granting marriage rights to all, the governor could have saved the state a court battle.
Yeah. 1) Everyone already has “marriage rights”. They can choose whether or not they want to exercise them. Just because someone does not want to participate does not obligate the rest of us to reorder our society and issue marriage licenses to parties missing one of the basic components of a marriage (one of the sexes). 2) The people of California voted to keep the legal definition of marriage in line with the natural definition of marriage. The Times might as well have written “If only the Governor would have ignored the will of Californians and thousands of years of recorded human history... 3) Schwarzenegger didn’t bring about the two sexes. The Times could have also written “If only Mother Nature wasn’t so bigoted...”
Notice they don't say we could avoid a court fight if the activists would stop trying to force radical change on the rest of society and accept that the majority of people are willing to "live and let live," but they are not willing to deny the reality that marriage is something requiring the participation of both sexes.
We could all avoid a lot of court fights if we just gave up and let the loudest, most bullying activists to roll all over us. We could avoid a lot of court fights by not opening a business in the first place (no employment discrimination or personal injury lawsuits). So what? We didn't pick this court fight.
You did. It is disingenuous to now turn around and say "Gee, isn't it too bad that there is a court fight about this?"
Marriage licenses are for marriages, not for other arrangements. Pet licenses are for pets, not cars. Business licenses are for businesses, not pets. Drivers licenses are for drivers, not bus riders. You can call a car a pet, but it doesn’t make it so. You can call pet a business, but it doesn’t make it so. You can call a bur rider a driver, but it doesn’t make him so. You can call two people of the same sex married, but it doesn’t make it so. A marriage is different from other arrangements precisely because it brings together both sexes. Most people recognize this.
And as Superior Court Judge Richard A. Kramer's ruling notes, the state Constitution trumps any ballot question and entitles same-sex couples to what he called "the last step in the equation: the right to marriage itself."
Do you
really think the activists will stop even if they are granted counterfeit marriage licenses? I highly doubt it. I’m sure something like state-funded “infertility” work-arounds will be next, because bigoted ol’ Mother Nature won’t let them conceive children like most both-sex couples can.
There's the rub for many Californians who are otherwise willing to accept domestic partnerships or civil unions. Political operatives have a term for this position: ABM, or "anything but marriage." The fixation on the M-word is more emotional than logical, and no doubt reflects the fact that the word "marriage" refers to both a civil partnership and a religious rite.
Okay, so if it isn’t really that big of a deal, why are
you putting so much effort into this?
The M-word certainly makes the politics more difficult
Translation: The people don’t buy these arrangements as marriage.
At the federal level, Congress enacted the Defense of Marriage Act in 1996, defining marriage as between a man and a woman and saying that states need not recognize same-sex marriages contracted elsewhere.
Don’t forget - President Bill Clinton (D) signed it into law.
Forty-five states prohibit same-sex marriage in their laws or constitutions; seven passed anti-gay-marriage referendums in November.
Sloppy, interchanging “gay” and “same-sex” marriage. They aren’t necessarily the same thing. Both terms are oxymorons, however. You can call a square “circular” all you want, and you may desensitize us to it, but it doesn’t make it real.
Given the political appeal of ABM, it's remarkable - and praiseworthy - that California legislators voted to extend to same-sex couples both the symbolic and practical advantages of marriage.
See, their relationships are already the same legally in California, yet that isn’t enough. They want to
force society to “approve” of their counterfeiting of marriage.
But Schwarzenegger's veto requires the state Supreme Court to consider the different question of whether ABM is constitutional.
Yeah, I’m sure the people who wrote the Constitutions of California and the U.S. really thought about this one. They were all for legally recognizing that two men two women wanted to “share lives”. They also, of course, thought of such relationships as marriage, no question.
This procedural history gives lie to the claims of opponents of [counterfeit] marriage who insist that it is the invention of "activist judges."
How is a judge
not being an activist if they order new law written, when legislators are tasked with the writing of law and the judiciary is there to interpret/apply the law?
It should also guide the state Supreme Court to a decision to adopt Kramer's view that California's previous acknowledgment of same-sex unions "points to the conclusion that there is no rational state interest in denying them the rites of marriage as well.”
You see, anyone who understands what marriage is and isn't is "irrational."
If enough bottled water purveyors got together want wanted to label their product as milk, the state would be making a mistake to do so, because even though it is liquid, it is not the same thing as milk because it lacks some of the ingredients of milk. The water sellers might be hurt, or upset, or offended, or feel like second class citizens, and even write preachy sitcom episodes about the matter, but that is their problem, not the state's. The state, through counties, issues marriage licenses
as a representative of the people. If the people do not want to change the terms of issuing the licenses, the state authorities do not have the moral authority to subvert their will. Marriage is much more basic to our society than drivers licenses. That's why we care.