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Same Sex Marriages, Common Sense 

11/28/2012

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Whether you  agree or disagree, Same sex marriages are becoming a political and social battleground where a class of people are prohibited from being like everyone else. What would happen if the State told a man and a woman they could not marry or file their taxes as a couple for the additional benefits. This is not unlike the laws that prohibited interracial marriages up until 1967 when the Supreme court made all  Anti-miscegenation unconstitutional. That's  only 40 years ago, the U.S. Supreme Court abolished a Virginia statute barring whites from marrying nonwhites, overturning bans in 15 other states.  Even though the laws have changed for interracial couples, in December 2011, a small Kentucky Church banned  an interracial couples from the church.  The Gulnare Freewill Baptist Church (Pike County) voted 9 to 6  to ban interracial couples from church services or functions, with the exception of funerals. Although short lived, these people had the power to tell someone who they should love or be banned from their society.

In May we now see North Carolina entering the personal freedom arena by approving yet another constitutional amendment  defining marriage solely as a union between a man and a woman, becoming the latest state to effectively slam the door shut on same-sex marriages. The amendment also goes beyond state law by voiding other types of domestic unions from carrying legal status, which opponents warn could disrupt protection orders for unmarried couples. 

Not too different from interracial marriages in North Carolina, The 1875 interracial marriage ban remained part of the state charter until a new constitution was adopted in 1971; though the U.S. Supreme Court invalidated anti-miscegenation laws in the 1967 decision, Loving v. Virginia. Alabama didn't come around until  November 2000, its  State Constitution still contained an unenforceable ban in Section 102.

Thirty-one U.S. state constitutional amendments banning legal recognition of same-sex unions have been adopted.  Ten of these states make only same-sex marriage unconstitutional, seventeen make both same-sex marriage and civil unions unconstitutional,  and two make same-sex marriage, civil unions, and other contracts unconstitutional. Hawaii's amendment is unique,  it does not make same-sex marriage unconstitutional. It allows the state to limit marriage to opposite-sex couples. Virginia's went as far as to prohibit  recognizing private contracts that "approximate" marriage. In the Michigan Supreme Court they held that the state's amendment bans not only same-sex marriage and civil unions, but also domestic partnership benefits such as health insurance. In California, Proposition 8,  was declared unconstitutional by , chief judge of the United States District Court in Perry V. Schwarzennegger but the decision was put on hold pending a request for a stay the same day.

In Nebraska  Law  a federal judge struck down that state's no-same-sex-marriages constitutional amendment, holding that the amendment violates the U.S. Constitution. The opinion stresses that it only invalidates the state constitutional amendment -- the legislature remains free to statutorily recognize only opposite-sex marriages. The courts seem to ignore the preamble stating, “All Men are created Equal”. Opinions vary on this issue to a great degree, but it appears that no one looks at the truth of the matter. It is no-one personal job to tell another who to love and build a life with. It is certainly not the governments because the private lives of individuals do not reach the “Public Interest” threshold. In the final days before the North Carolina vote, members of President Barack Obama's cabinet expressed support for gay marriage and former President Bill Clinton recorded phone messages urging voters to oppose the amendment. President Barack Obama's campaign staff says he's "disappointed" with North Carolina's constitutional amendment banning gay marriage. I also can personally state in all truth, If two people wish to form a bond with each other, that is their business and does not hurt anyone else, thus it should be no-ones concern and in support for our loved ones, I wish would wish them happiness no matter if I agreed or disagreed. Most adults know the pro’s and cons of their action and must face themselves when they look into the mirror.


2 Comments
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