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Should the right to create laws on gay marriage reside at the state level or the federal level?

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State
50% 488 votes Total: 985 votes
Federal
50% 497 votes

State

6 of 9

by Robert Darmody

Created on: August 14, 2007   Last Updated: January 19, 2009

The state interference is the lesser of evils. It is, however, and always has been, a great evil. Social and religious institutions are by definition beyond the legitimate purview of the state. Though the status quo, makes my opinion moot, it doesn't change the fact that there is an inverse relationship between personal liberty and state involvement in personal bodily and institutional sovereignty. It goes beyond gay marriage. But it has taken the recent issue of homosexual marriage to disclose and bring to a head, the confusion and oppression that reigns in these matters because of state interference. The function of the state is to protect.

If people want to involve the state in something as intimate as personal unions, by any name, a specific custom contract covering prenuptial agreement on all parental, property, fidelity and support issues should be drawn up. If this was prerequisite for state licensing or future enforcement, not only would many bad marriages be avoided, the entire bureaucracy called 'family law' would shrivel up and disappear into a category called 'contract law.'

The most strident objections to any marriages that are not monogamous and heterosexual, come from fanatics who believe themselves to be mandated by their god/s to appeal for state interference. The irony is that they are the very same people who claim to want 'less government and more personal responsibility.' They share something central to all hypocrisy. They want it only for themselves.

Those who believe in Heaven and Hell, seemed to have given birth to a latter-day form of Hell that is hotter and more tortuous for some sins and abominations than for others. They know, for example that their own marriages are fraught with sexual infidelities, hetero and homosexual. Some of them know it very personally. This activity seems to be acceptable because there is no hue and cry to legally rescind marriages and/or deny parental rights because of abominable examples in their own group. The only difference between their marriages and homosexual marriages is the hypocrites KNOW that 'abominations' are taking place all the time instead of 70% of the time. In their book, and I know it well, sin is sin. It will be judged in the future and the consequences are the same.

None of this has any relation to things the state has legitimate power to be involved in. The state, supported by the American Theological Jihad, needs to be forced out of personal bodily and institutional sovereignty for the good of all people who wish to form personal unions by any label. Now there is a dispute for all you unemployed lawyers who can't afford to run for office.

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