Sunday, May 13, 2012

Further Comments On GLBT Marriage: Don't Ask Period

When it comes to the entire history of most of civilization, marriage has always been, and should always be the standard common sense concept that marriage is between a man and woman. Therefore, I am reminded of another recent battle in the armed services called Don't Ask, Don't TellWhich when in comes to the very idea of a same gender marriage, my slogan is Don't Ask (for GLBT marriage) period.  Further, there is the Defense of Marriage Act, DOMA.  (1996). Most citizens in this nation apply not only the history of the civilization of the planet earth, but also some common sense including a fundamental secular and religious belief that marriage is between a man and woman.

I really think is equally important to answer a really fundamental question on this issue-what is a marriage?  Isn't  marriage at least in part, a mutually binding legal contract between two people of the state where they are going to reside? If so, when two consenting adults ask someone to, and then do marry each other with their vows, is that not what two people are doing-contractually binding them in a union based on the law of the state where they reside? 

So, any state that prevents same gender couples to form a mutally binding legal contract within a state would be a state sanctioned form of contract discrimination. However, the argument has not shaped as a contract-instead, the argument is what is the union of two people of the same gender going to be called-marriage or a civil union. Moreover, there was a federal judge that held part of DOMA was unconstitutional after it was passed based on the 14th Amendment equal protection clause as shown below:

Its Equal Protection Clause requires each state to provide equal protection under the law to all people within its jurisdiction. This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision which precipitated the dismantling of racial segregation in United States education. In Reed v. Reed (1971), the Supreme Court ruled that laws arbitrarily requiring sex discrimination violated the Equal Protection Clause.

To ensure all citizens are afforded equal protection of the law is why many want the several states to pass and ratify a United States Constitutional amendment that marriage is between a man and woman to reconcile the problem of DOMA running afoul of, and getting around the equal protection clause of 14th Amendment to the United States Constitution.

You will note above the cut and paste on the equal protection clausse states clearly "each state" [is] to provide equal protection of the law within it's jurisdiction.  Therefore, marriage under the equal protection clause is a function of each state to define marriage-not President Obama or the federal government.

In conclusion on the reconciliation of DOMA and the 14th Amendment, GLBT marriage is up to the states to define marriage-not yahoo federal politicians in Washington including one presidential candidate that is still busy evolving. 

With the other prospective GOP Presidential candidate at the opposite spectrum stating marriage is between a man and a woman.  Naturally this is a social issue and as noted by many, it is bad timing to address this issue politically when all of us must be focused more on jobs, the economy and the federal budget process.

Now shifting to my being a human rights activist, I also understand the circumstances of the GLBT citizens.  I am living blindly here understanding the GLBT arguments that they are discriminated against on many issues.  The solution to the civil rights discrimination is required to be addressed by the several states.  To which most states have leaned to allowing civil unions, but not same gender marriage.

I therefore support federally as a congressional candidate, don't ask for GLBT marriage.  Instead, ask each state to pass legislation that both defines marriage as a man and woman; while concurrently addressing the GLBT discrimination by allowing for and defining civil unions.  What the other congressional canidates in the 19th District Congressional race's position on marriage between a man and a woman, or GLBT is unknown to me and to most of the voters here in Florida. 

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