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Hi, and be gentle.

Hi.

My name is Drew, and I am a young Republican residing in the great state of Virginia. I am excited to write in my diary here at RedState not only because I value the opinions of fellow Republicans, but because I enjoy feedback on my opinions as well. You’ll learn from my blog that I am like many young Republicans this day and age; I am fiscally conservative but socially moderate to liberal. I do not hide behind the veil of Libertarianism because most Libertarians prefer to stay non-biased on most issues (ie leave people alone, let them do as they please). That is not me. I am passionate about my issues, and will subsequently be presenting them to you for your feedback. First, I am an ardent fiscal conservative. I am in the fight, so to speak, on every fiscal issue important to Americans, especially those identifying with the Republican party. That said, I feel that Republicans like me are few. Therefore, I’m using my first diary entry to discuss the social issue I am most passionate about: Gay marriage.

We Republicans feel it is our duty to protect citizens against the never-ending encroachments on individual liberties made by the government. Our weapon of choice: the Constitution. Embedded in this document are rights and freedoms guaranteed to citizens that are found nowhere else in the world. It is the tool that loosed the bonds of slavery, rejected Jim Crow, and brought equality to women and men. Now, our beloved Constitution calls on us once again to defend the inalienable rights of our brothers and sisters.

I received an email a month or two ago from Joseph Backholm, Executive Director of the Family Policy Institute of Washington. He was addressing the pro-gay marriage movement’s use of Kim Kardashian’s failed marriage to prove that it’s not homosexuals, but celebrities and those who do not take marriage seriously that are ruining its sanctity. He rejected this premise by arguing that a debate over who is ruining the sanctity of marriage is irrelevant because “a relationship involving two people of the same-sex is materially different than a relationship involving people of the opposite sex.” I would like to address this not from my religious views, but from the views expressed in the document I swore to uphold – the Constitution.

Mr. Backholm’s argument is that heterosexual and homosexual marriages are “fundamentally different”, but gives no example, save an analogy of dogs and cats. He poses that dogs and cats both have fur, tails and four legs, but are fundamentally different. Though they are different, the Constitution would recognize them both (rightfully) as animals. The dog and cat analogy is tired and tried.  It’s the same as a male and female, black and white, or American and Japanese analogy. These were struck down based on the eventual unconstitutionality, so why not homosexual marriage?

A universal point of agreement here is that the Bible condemns homosexuality. And I, too, feel that heterosexual marriages are the best scenario for growing a society. However, relegating homosexuals to unions rather than marriages places them in a separate-but-equal class. The Supreme Court’s Rational Basis Test asks if the discrimination is reasonable to achieve a legitimate government interest. Denying the same marriage right to homosexuals afforded to heterosexuals fails this test. The only interest the government may have is religiously based. If this is the case, then denying the rights is a violation of all homosexual’s first amendment right to not have their government respect a religion’s law over them.

In Brown v. Board of Education the Court decided “separate but equal” was not equal. The decision was based on intangibles rather than tangibles. The Negro students (as they were referred to in Brown v. Board of Education) in Kansas were given equality facilities, equality in curricula, and equality in faculty. These were tangible equalities that were easy to recognize. But the intangible factor of being separated from the white students still made them inferior; even deprived them of equal opportunity. The Court said: “To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone.” Now, if the issue of intangible inequalities affecting Negro students was important enough to warrant protection from the Supreme Court, why not homosexuals in their pursuit of marriage? If separate-but-equal is a practice no longer deemed constitutional in any case, why is it still practiced with homosexuals?

The Court’s rationale for its ruling in Brown was the Equal Protection Clause of the Fourteenth Amendment which states “no state shall … deny to any person within its jurisdiction the equal protection of the laws.” I cannot in good conscience extend this protection to all classes of citizens but one. I am fully aware of condemnation of sin in the Bible, but I am also aware of the numerous other sins in the Bible that do not get relegated to second-class citizenship. Making homosexuals second-class citizens based on biblical teachings not only violates homosexuals’ protection under the Fourteenth Amendment; it makes humans the decider of which sin is greater. This is something I’m not willing to do neither biblically, nor constitutionally.

-Fig

*these views are my own, and do not in any way reflect the views of my employers and/or coworkers*

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COMMENTS

  • acat

    one that’s got a very clear generational aspect, one that you point out quite well.

    I give it another decade, at the outside, before social conservatives and (more accurately) values voters decide the compromise of removing marriage from government control looks pretty darn good…

    Welcome, by the way.

    Mew

    • http://MichaelHarrington.org Michael Harrington

      There will always be a fight on the word marriage, and if the word marriage includes lgbt couples the ones against them will always use the worst breakups to describe it.

      Therefore logically, and emotionally, a different name for a same function should exist.

      History has plenty of names for permament couples, including consorts. A different name would give lgbt a safe haven from the fighting and give them a chance to set their standards with an unbiased eye.

      Consorts actually has no sexual reference like husband or wife, instead it is ‘this is my consort’ so it is transferable to each direction.

      This is just my 2 cents

      • jermane2020

        and I concur with your reasoning and your conclusion.

        You may be frustrated in trying to discuss/debate this issue with opponents of marriage equality because they:
        1. offer up one ostensibly secular objection after another, none of which hold up when challenged, and
        2. occasionally admit that what is driving their objection is the strong feeling/belief that homosexuality is a sin and should be frowned upon, that denying access to civil marriage is one way of having society express this very negative view of homosexuality, and that using government for this purpose is legitimate even though the rationale is purely religious.

        • Viet71

          Singles, of which there are many, are not regarded by society as a whole as second class citizens. So how does this notion apply to civil unions? It doesn’t.

          Legal discrimination can be removed. That’s where the fight should be, especially on the tax front, IMO.

        • Jack_Savage

          1) Because there is no good argument for redefining the institution of marriage to include same-sex unions, and no added benefit to society whatever, particularly in the matter of child rearing. When given opportunity to do so, proponents of same sex marriage have failed, time and time again, which must be frustrating indeed.

          2) And pro-gay marriage advocates point to any religious basis for opposition to their position as voodoo, while ignoring the fact that most of the laws in America can be traced to the Judeo-Christian ethic, such as the prohibition against murder and theft, which have served societies quite well over the centuries.

  • keepcoolwithcoolidge

    I’m also a fiscally conservative, socially moderate Virginian. You’re argument is a good one, the only area where I still struggle with is whether or not certain aspects of private conduct not enumerated by the Constitution are protected through the 14th Amendment. Most common definitions of marriage place it as a contract between 2 individuals (and God if you are religious, but for legal purposes we’ll just discuss the first part. The benefits deal with revenue sharing, mutual support, child care, estates and the sort. Marriage in effect is incorporating. The issue then is over who can incorporate.

    While I agree with the idea that government discrimination is bad, as the constitution protects individual rights not group rights, I’m not sold one way or the other, on whether or not homosexuality is a14th Amendment subject. Is someone “gay” or are they “a gay?” An analogy being am I an individual who likes bacon, or am I a member of a group, where the criteria for membership is entirely based on loving bacon? So the court would first need to determine that gay is a valid identity group and find a way to clarify membership. (not as easy as sex or race or disability)

    Even if it can be determined that homosexuality is a protected 14th amendment classification, there is also the argument that the government is just defining contract law for utility purposes. The wording of Loving v. Virginia does suggest that basing a restriction on the rights of others for purely sectarian reasoning is wrong. And so for the fundies who argue only from a religious standpoint, I agree with you that such an argument is toxic.

    I’ve heard the justification that the law doesn’t ban “gays” from “marrying”, it only bans marriages between same sex couples. As unlikely as it sounds, a hypothetical Chuck and Larry situation where 2 heterosexual men are also banned from marrying each other, or where a gay man marries a woman at the very least diminishes the argument that it is entirely religiously based. After all, polygamy and incest marriages (and even people with blood diseases depending upon the state) are also prohibited, atleast in some cases for utility purposes rather than just religious basis.

    The above is more devil’s advocate than anything, I don’t actually have a clear opinion one way or another.

    • http://MichaelHarrington.org Michael Harrington

      To whit… if used on lgbt and straight, it would mean forced friendships, or at least some other forcing of time together.

      Education differs greatly from attitude. I also note that the entire program was a dismal failure.

      It is a bad analogy that should be avoided imo.

      Instead if you seek affirmation use… crap tired and not thinking so well yet… the black fighter squadron who defended bombers in Italy… as an example.

      However the true issue is State laws. Just make it so a person in a hospital can see who they want to see. Make it so a contact list also counts as who they may wish to see in the event they cannot say.

      Part of the problem of the United States is we are living with laws which are far out of date with technologies derived from microchips.

      • Jack_Savage

        The new little catchword among the left is “sexual minorities”, so Brown v Board, or something like it, needs to be pasted on to the argument or the whole “gay marriage as civil right” thing falls apart.

  • Ann_W

    I doubt people want to recover this same issue again so quickly.

    It’s called In the Pipeline: Gay Marriage. It looks like it has dropped off the list, but maybe you can look it up.

  • Jack_Savage

    “Mr. Backholm