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Was the California Supreme Court right in legalizing gay marriage?

Yes

by Lynette Alice

The California Supreme Court has finally given the go ahead on gay marriage and it is about time! For far too long the LGBT (Lesbian/Gay/Bisexual/Transgender) community has had their rights in concern to this issue usurped. The simple fact is equality is about equality in all aspects of life under the law, not just those a few people decided to pick and choose as right or wrong.

The arguments made against same sex marriages are the same ones that have been made against everything from giving women, blacks, and many other segments of society basic rights such as the ability to vote, own land, or even drink from a water fountain. Some people in less enlightened times argued these were inferior peoples not deserving basic equality because they were different, just as some are saying about homosexuals in regards to the issue of marriage.

You can find people everywhere that scream "No to same sex marriage" but are okay with the idea of same sex civil unions. They are okay with calling it a same sex domestic partnership. Anything but marriage. Semantics are a funny thing. Maybe we can fix this by saying there is no such thing as marriage anymore, every union of two people is now a domestic partnership and as such married straight folks have to give up tax advantages and legal basis for all the little fringes of marriage like assumed inheritance, medical coverage, and even the right for the spouse of an active duty military member to relocate with their spouse at government expense. Does that sound fair? It is what gay folks deal with just because until now the courts have denied this right based on archaic prejudices.

In general the only arguments people can make against same sex marriages is that they find it wrong on religious grounds or they just don't like the concept of it. Let's face it, homophobia is alive and well. Far too many are speaking out saying it will ruin their churches, that it is blasphemous, and that it is against god's will. The question is whose god? My god is all for it, if someone else's isn't should I then be punished for that? The fact is this does not effect anyones faith. If a particular church is against same sex marriages they don't have to conduct them! There is no provision under any law which forces a church to marry couples they feel are not living in accordance to their faiths belief system.

Ever hear of separation of church and state? The fact is the bible has nothing to do with California's state constitution and if it ever does god help us all. Who is to say the Christian bible should be the basis for the California Supreme court to render decisions upon? Biblical arguments always fail because they are discriminatory to every non Christian and in direct contrast to the equality each state and this nation is supposed to engender for every citizen.

On the same note, marriage is not the much ballyhooed sacred institution or right so many people have brainwashed themselves into believing it is. Marriage is a legal contract that has the ability to be consummated in a legally recognized church by a sate recognized official if a couple so desires. The day states began charging money for marriage licenses and deciding on the criteria the involved parties must meet to be eligible for marriage it became a government issue. The church is little more than window dressing as far as the legality of marriage goes. Some people cringe or even become enraged hearing that but it is the truth. A religious leader just is not necessary to conduct a wedding. If it was truly a "Sacred" institution could a government official such as a judge, a ships captain, or a person that has simply applied for a license to conduct marriages with no religious affiliation whatsoever carry out that "Sacred" ritual? Think about it.

Some folks enjoy making the argument that same sex couples cannot create children on their own therefore the marriage will bear no fruit and not be legitimate. It is true same sex couples cannot create life traditionally, but they can have a surrogate mother, sperm donors, or adopt a child that needs a home. What a radical concept? How many straight couples have been allowed to marry even though they cannot have children? The fact is if it is good for the goose it should be equally good for the gander. The ability to create a child has no bearing on the legal right to marry. My mom couldn't have children because of complications from polio as a child, but she was allowed to marry, adopt, and raise a child. What would life be like for countless children through the centuries that have been raised by people unable to create their own children, or who raise others children out of kindness and love? Didn't Joseph raise Jesus as his own son even though he was not the biological father by all biblical accounts? I suppose some folks using this argument forgot that.

As marriage is a government issue there is therefore no option but allow same sex marriages. If people of the LGBT have to pay taxes, register for the selective services in the case of males, and abide by every law just the same as a straight person they therefore should enjoy all, not just those as chosen, but all the same rights as everyone else, and marriage is one of those.

The fact is the California Supreme Court has gotten the issue right. You don't have to agree with homosexuality, you just have to realize that if there is such a thing as equality then that means equality for all. The law is supposed to be blind to issues of race, gender, religion, and sexual orientation. There is no more legal right to deny same sex marriages under the law simply because the parties are same sex than there once was to deny women the vote just because they were women. California has realized the denial of rights to anyone based on stereotypes is wrong and dangerous. Deny one persons right today and tomorrow it may be your rights that are gone.

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