Wednesday, 09 May 2012

• North Carolina Bans Same-Sex Marriage: A Closer Look

  
  Homosexuals are so evil that they just had to do it again. This time, it was a constitutional amendment denying same-sex couples the right to obtain a marriage license, thus denying them benefits that opposite-sex couples benefit from. It was a strategic move to ensure that the already illegal same-sex marriages would be safe from an overturn by the Fourth Circuit Court of Appeals much like what happened in California with Proposition 8.

  It was a preemptive move that makes overturning the amendment difficult, unlike California where the Supreme Court previously ruled same-sex marriages to be constitutional and legal through In re Marriage Cases in 2008. In that specific case, the amendment was overruled because it violated the Equal Protection Clause which says, "No state shall ... deny to any person within its jurisdiction the equal protection of the laws."Basically, rights already given to a group of people cannot be taken away.

  What's interesting is that Equal Clause Protection is part of the Fourteenth Amendment, thus bringing up the question: Wouldn't Amendment One be unconstitutional then? As mentioned, this argument hits a snag because same-sex marriages were already illegal in North Carolina, and the vote on the amendment goes in favor of the majority, which I believe brings up a strong case against pure Democracy. Majority rule doesn't always guarantee positive changes, especially when the majority is stupid as fuck. This is why education is important.

  Amendment One was passed on Tuesday with a wide margin of 61%-39% in favor of the Christian right and counties with an African American majority. Other political motivations may include the Neo-Conservative push to win NC in the upcoming election, since it's a swing state. For this reason, it's interesting to note that pro-Obama counties are voting in favor of a more Christian Right belief that marriage is an institution which should be regulated at the state and Federal levels.

  The amendment also bars the recognition of civil unions when it states, "Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State." The wording makes it so that even civil unions between a man and woman are prohibited. Amendment One will have varying effects not limited to the same-sex marriage ban.

  It's interesting to note that marriage licenses were first used after the civil war in order to prevent interracial marriages. This speaks volumes.

  One man studying at Southeastern Baptist Theological Seminary in Wake Forest thinks the amendment is helpful in clarifying the definition of marriage. "I'm a born-again Christian, and I just believe the Bible is clear that marriage is for one man and one woman," he said. "It doesn't mean that anybody's less equal than anybody else. I just think that marriage is one man and one woman." He fails to realize that there's no equality when only opposite-sex partners are given benefits.

  Some will say, "Well, if you don't like it, go to a different fag-loving state." This isn't a solution. In fact, government should get out of the business of marriage entirely. We don't need the state or federal government regulating marriage. Our liberties are stripped away when we can't make autonomous decisions which have no effect on the lives of others. If we're going to allow this though, benefits should be equal whether that means benefits for all, or none.

  Regarding the issue of tax laws already being embedded as well as differing between married couples and those who aren't, it's clear we either need to get rid of or reform the tax code.

  No one should be imposing their personal beliefs upon others, and marriage should be relegated to either a church or by private contract depending on your views. The notion that some form of authority should be allowed to decide who we marry is tyranny, plain and simple. It's an abuse of power that limits our personal liberties and supports big government. You define your marriage, not anyone else.

  A recent Gallup poll suggests that the American public is split on the issue of gay marriage. Fifty percent of Americans are in favor, while forty-eight percent say that marriage is only between a man and a woman. The favorability slightly declined from 2011 which was the first time gay marriage was palatable to most according to Gallup polls. If the trend is any indication, there's plenty of positive news to be had despite the results in North Carolina.

  

  As Thomas Jefferson once said, "Christianity neither is, nor ever was a part of the common law."

   

  What are your thoughts on the outcome in North Carolina? Do you believe government should get out of the business of marriage? Do you support gay marriage?

  Sincerely,
  Nunez Love Doctor

  Certified with a PhD in The Study of Mental Midgetry and The Stupidity of Partisanship.

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