a queer little dillemma   Leave a comment

Much thanks (and apologies) are due to an artist friend of mine in Albany, NY, who suggested a solution to the Prop 8 dilemma in
California.;  long before Prop 8.  I had been arguing for  Federal and
State recognition of gay marriage for many years;  I now confess
that I was wrong.  Prop 8 supporters and their gay detractors take
note:  you are both wrong, too.

The problem posed by Prop 8 is that it’s not about gay marriage;
it’s about the citizens’ right to define the law, and the
government’s role in one’s private life.  Our Republic’s uniqueness
is that the framers of the Constitution understood that citizens had
the ethical right (and urgent need) to be able to amend, re-write, or
toss out their governing documents and laws.  They knew that this was the
fundamental requirement of a healthy, moral society.  The
founders also understood that government’s role was limited to
protecting citizens from force.

California’s Supreme Court made a partially correct decision in
upholding Prop 8; by deciding in favor of the voter’s of California,
they determined that it is the right of the people to amend the
state’s Constitution-however, they failed to address the more
crucial issue of whether government should be involved in the
marriage issue at all.

The Prop 8 debacle illustrates the inherent flaw in the thinking of
the statists on both sides of the debate.  Liberal gays are
convinced that marriage should be Federally recognized and
available to gays and lesbians.  Conservative Christians, Jews, and others are
convinced that what is primarily a religious contract should be
withheld from same sex partners.   Gays will ultimately win this
aspect of the culture war (and shouldn’t) because the judiciary and
statists on both sides believe that marriage is both a civil AND
religious institution which must be protected , encouraged, and
sanctioned by civil authorities.  Religious Conservatives will lose
(and should) because they have forgotten their own political
commitment to limited government and are attempting to dictate
their religious ethics via the barrel of a metaphorical gun (through
legislation).

The solution to this dilemma lies in the Objectivist principle of the
separation of State and economics (as well as the separation of
Church and State).  If two consenting adults desire to enter into a
contract which gives them financial and legal obligations, rights,
and responsibilities it is the role of government to protect that
contract-and no more. If a Religious body desires to recognize the
union of a man and a woman and wishes to bar all other unions, it
is its right which should not be interfered with (nor endorsed,
encouraged, or dissuaded by) government.

Never the twain shall meet should be the ruling ethic in regards to
marriage and State.

The solution to the issue lies in a two tiered system-a civil
contract which all couples must acquire if the couple wants  their
economic, legal, and joint interests  recognized and protected by
the state or federal government; and a separate marital union
entered into via religious institutions which the government must
not interfere with, sanction, or concern itself with.

This solution would only work in a truly rational society which has
purged all statist elements from its governing laws.  Until such a
society exists, the left will continue its push towards fascism; with
gay marriage and the purge of all religious freedoms as a result.
Unless the Republicans and Conservatives understand their own
treason against the First amendment they will lose the nation.
Unless  gays come to understand that the Left will continue to
betray their interests in the name of the “common good” , they will
once again find themselves wearing pink triangles and heading to
camps when the Religious and secular Progressives determine  that gay support is no longer necessary.

It is time that supporters of limited government in the  gay community and fiscal/constitutional  Conservatives
understand that we have a common enemy.  We must come to see that we are fellow soldiers in a common war.

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Posted January 28, 2010 by cchashadenough in Uncategorized

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