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Joecephus.com - Random musings from the land of the burning river.
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Civil Liberties, Culture, News, Politics

Marriage & The Government

June 26, 2015by JoecephusNo Comments

Today, in a 5-4 decision, the United States Supreme Court ruled that “...the right of same-sex couples to marry…is part of the liberty promised by the Fourteenth Amendment.”

In the decision, Justice Anthony Kennedy wrote:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

As a conservative, I have to agree with Justice Kennedy’s words. For the government to deny the rights of same-sex couples is a fundamental attack on the very principle of liberty.

Social conservatives, such as Mike Huckabee who called today’s ruling ‘judicial tyranny,’ are upset of course. I actually don’t necessarily disagree with all of Huckabee’s sentiments — mostly because I don’t believe that this issue should have even had to have been decided on by the Supreme Court.

If the religious right is upset about the Supreme Court affirming the government sanctioning of same-sex marriage they have absolutely no one to blame but themselves. They have been fighting the wrong battle this whole time.

528993_10152721002550515_1126898201_nAdvocates of ‘gay marriage’ claim that what they are fighting for is ‘equal rights,’ the right to marry the person they love. But what they are really fighting for is the right to have a previously government-sanctioned ‘privileged status’ extended to them as well.

The truth is, government does not grant marriage licenses to certify a couple’s love. The government issues permits to marry so it can designate those who qualify for the benefits attached to being in a government-sanctioned marriage.

The religious right, in their opposition to ‘gay marriage,’ claim they are fighting for ‘traditional marriage.’ True conservatives however, understand that there are certain aspects of life that should be left to be conducted solely within the confines of your own home, family, churches, synagogue or mosque. This belief if part of the fundamental core of what it means to be a conservative, yet social conservatives have abdicated that position and granted the governmental role in those matters.

The primary role of the federal government is to uphold the Constitution and to defend our rights. The act of granting the government the power to regulate the institution of marriage, takes away it’s duties in serving its primary purpose.

Conservatives should have never been fighting for foolish efforts like the idiotic ‘Defense of Marriage Act.’ Instead of focusing their time, effort and money into trying to pass laws throughout the country that offer a government-defined sanctioning of marriage — the real battle should have been to remove the government’s role from marriage altogether and to put it back where it belongs as a private matter between two individuals with each-other or two individuals with their religious community.

Not anywhere within the Constitution is their any mention about marriage. The Ninth and Tenth Amendments, clearly state that any power that is not explicitly granted to the federal government is reserved solely for the people and the states. If marriage is even to be regulated at all, it should be done so only at the local level.

One of the few true responsibilities of the government in a free society is to enforce private contracts between individuals or groups. If two consenting adults enter into a contract with one another, it is not the business of the government to deny those particular individuals the right to do so.

All conservatives, the religious-right includes should be fundamental opposed to government regulation of private matters. Sadly, it is those so-called conservatives who make up the religious right who actually advocate for more government intrusion into our lives. The religious right is blaming the desires of gay & lesbian couples as an attack on the ‘sanctity of marriage.’ All the while ignoring the real threat… the government.

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