What the Hell Does “Sanctity of Marriage” Mean?
"Sanctity of marriage" is a meaningless phrase concocted by bigots and religious fanatics who are terrified that gay marriage will lead to moral decay, since it says so in the Bible, which it doesn’t. Men, they say, are supposed to marry women. Period. It’s God’s will.
Fact is, in Biblical times, if there weren’t any women handy at the oasis, you flirted with the closest attractive goat, or the nearest cute guy in a robe. It’s lonely in the desert, and you can’t have a very satisfying sexual experience with sand. Also, there’s nothing in the Bible about coveting thy neighbor’s goat.
And nowadays, just because a priest administers the marriage vows doesn’t sanctify the process, especially if the priest in question has an important appointment with a “troubled” twelve year-old later in the afternoon.
According to my dictionary, “sanctity” means, “sacred.” I’ve been married for quite sometime, but there’s never been anything that sacred about it. It's just an ordinary marriage and it’s full of normal unsacred marriage stuff like getting bawled out for not putting the toilet seat down, being forced to dance, having to watch “Sex In the City,” listening to her oohing and aahing over McDreamy while I’m secretly oohing and aahing over Scarlett Johansson and having to repeatedly hear phrases like “that’s what you’re wearing?”
Ironically, a lot of the idiots who actually think heterosexual marriage is some kind of holy rite, got married in Vegas by a guy in an Elvis wig, flanked by two random, half-drunk ghoulish witnesses. These young newlyweds are probably divorced within a year and living in separate trailer parks. The bride posts a twenty year-old picture of herself on Match.com, and hubbie is probably onto his third wife, who he physically abuses on a regular basis. Or he hasn’t found another wife, and is satisfying his carnal needs on his cousin or the livestock.
In fact, the term “sanctity of marriage” is off-limits for anyone who’s gotten divorced, because when people get married they take “sacred” marriage vows. One of those vows is, “until death do you part,” not “until you meet somebody better.”
Anti-gay rights activists are also terrified that, if gays are allowed to serve in the armed forces, the result will be sexual chaos. Right. I can just see some gay G.I. making a pass at a non-gay G.I. while their Humvee is being blown to smithereens.
Besides, military recruiters are so desperate to increase the ranks, they’re enlisting 18 year-old morons and rushing them through boot camp by limiting the curriculum to loading guns, putting on a helmet correctly and learning the military tactics involved in badminton. I don’t know about you, but if I were in Iraq, I’d rather have a well-trained gay guy watching my back than a dimwit with his helmet on backwards.
Then you've got the truly demented, sanctimonious types who have this inane idea that gay people can be talked out of being gay. That’s like trying to talk an albino out of being pale.
And there’s the old saw about how gay teachers will somehow talk their students into being gay. How does that work exactly? By exclusively teaching Oscar Wilde and Truman Capote? Playing show tunes? So what’s the heterosexual kid supposed to say? “I love Truman Capote and he was gay so maybe I should try it?”All of which is irelevant because the potential victims of this imaginary concept are all busy texting each other, so nobody’s even paying attention anyway.


Salon.com
Comments
Lewis Black does a great bit about how the beastiality laws in the Bible came out..."No, you can't marry a camel! I don't care how in love you are!"
Oh, and why can't you have a very satisfying sexual experience with sand? There you go being close minded.
Hmm, I never saw that in the Bible? Wow, thought you were intelligent!
Very embarrassing for the adults but the kids couldn't have cared less.
You said it in a much funnier way.
Rated for laughs.
I don't understand some of the BS out there, and you have detailed it well here with comedy to boot John.
I thought of my kids at the end, texting. So true.
As for the sanctity of marriage, it is no less or more holy than my left thumb or the fly on the nose of a dead camel in the desert. All things are equally sacred, including our disenfranchised gays.
You meant between TWO humans, correct?
If so, why stop at 2?
I'm not asking sarcastically. I have no objection to 2 consenting adults of the same sex being allowed to marry.
I also have no objection to polyamorous consenting adults being allowed legal recognition of their relationship - if they want it.
The people who object to these things call it a slippery slope. My question to them would be a slippery slope to what? Tolerance?
I disagree on one point. I believe marriage is sacred in the sense that interconnecting human relationships are sacred. I believe that the human experience is both sacred and profane and that these work in harmony. I also believe that laughter and humor are essential in a marriage. Laughter can also be sacred.
But I do create my own definitions which often differ from the mainstream. ;)
Old Testament:
Genesis 1:27 says, “So God created man in His own image, in the image of God created He him; male and female created He them.”
(thus establishing two seperate sexes)
Genesis 2:24, “Therefore shall a man leave His father and His mother, and shall cleave unto His wife: and they shall be one flesh.”
(thus establishing marriage between a male and a female)
Jesus' teaching on both marriage and divorce:
Matthew 19:3-12, “The Pharisees also came unto Him, tempting Him, and saying unto Him, Is it lawful for a man to put away His wife for every cause? And He answered and said unto them, Have ye not read, that He which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to His wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let no man put asunder. (thus re-validating the Old Testament teaching)
They say unto Him, why did Moses then command to give a writing of divorcement, and to put her away? He saith unto them, Moses because of the hardness of your hearts suffered you to put away your wives: but from the beginning it was not so. And I say unto you, Whosoever shall put away His wife, except it be for fornication, and shall marry another, committeth adultery: and whoso marrieth her which is put away doth commit adultery. (thus establishing the term under which divorce is ALLOWABLE)
In Malachi 2:16 God proclaims: "For the Lord God of Israel says that He hates divorce, 'for it covers one's garment with violence,' says the Lord of hosts. 'Therefore take heed to your spirit, that you do not deal treacherously'"
But one must not think that just because they ARE divorced that they are not capable of being forgiven: Psalms 103:12 says, “As far as the east is from the west, so far hath He removed our transgressions from us.” (redemption IS available to all and He will remove your sin)
However, you must not think that divorce will take place in a vaccuum: “Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap. For he that soweth to his flesh shall of the flesh reap corruption; but he that soweth to the Spirit shall of the Spirit reap life everlasting.” (if you choose to plant the seeds of infidelity you will suffer the consequences)
Summary: God hates divorce, Jesus laid out the reasons you COULD get divorced but does not say you MUST, God and Jesus both establish the traditional form of marriage as between one man and one woman, divorce is sin but it can be forgiven.
Last I checked, the United States was a secular society with a legal separation of church and state.
You are free to practice your religion, along with it's definition of marriage.
I believe the writers of the document you use as an avatar wanted EVERYONE to have that right.
" ... are all busy texting each other..." BTW, the kids are "sexting" each other.
(Caveat: I also believe the state has a STRONG responsibility to safeguard the welfare of children, who can be beneficiaries or victims of a marriage but are not parties to it.)
Oh ... never mind!
I am not religious and care nothing about what the holy books of any religious system state is their personal belief.
The US of A has no religion. It is a completely secular state.
I see no relevance of the Christian rules of marriage in this post.NONE.
I have been thinking about marriage a lot, weighing what's true and not true about what they say about it, since I'm in my first 4 months of it. I have also been thinking about the fact that if I loved a woman instead of a man, that love would be treated totally differently by society.
P.S. I want to be the half-drunk ghoulish witness at a Vegas wedding overseen by a guy in an Elvis wig--not. Oh and I'm apparently also bringing back the use of "not" in that context.
You are a funny man...
(for future reference)
First, I see that this piece received an Editor's Pick, an honor bestowed by the editors here. Had the author written something just as good in behalf of the concept of the sanctity of marriage, it would have had absolutely zero chance of receiving an EP. I don't know why, except that for some reason the OS editors have a bias against anything conservative or traditional, perhaps because that's what the larger audience here wants. But it is an interesting question why there is such an obvious bias in the EPs and covers, especially among a group of people who are so adept at detecting bias in others.
I always find it ironic that the people most in favor of expanding marriage to include gays (and possibly every kind of relationship) are almost always those who most denigrate the idea that there is anything sacred about marriage.
They'll spend page after page talking about what a crock the traditional idea of marriage is, and then another page ridiculing the idea that there even is a traditional idea of marriage, and then another page on how ludicrous and awful and outdated marriage is, and then another page on what dupes and dolts religious people are for thinking that marriage is sacred, and then another page detailing the many failures of marriage.
And after having beaten marriage to a bloody pulp, dragged it through the street, spat on it, and thrown it into the dumpster, they then conclude that gay people must be given it as well. Left unanswered is why gay people would even want to be involved in something so outdated and laughable.
Now if someone suggests that we could have civil unions that would give gay couples all rights and opportunities that married people have -- pensions, Social Security, everything else -- but we just wouldn't call it "marriage," then that person would be called a "bigot" and "hater" and "homophobe." No, the argument is that gay people MUST be able to be married.
And why? Because most people (at least most people who aren't members of Open Salon) know instinctively that there IS something sacred about marriage. They know that after all the jokes and the Vegas weddings with Elvis and the adulteries and the divorces that there really is something sacred about marriage, at least for those who believe in the possibility of anything being sacred. And if a promise between two people to love, honor, and cherish one another, for better for worse, for richer for poorer, until death do them part isn't sacred, then probably nothing is. Of course, if people want to go into marriage as a joke, then it's a joke. If they want to go into it as a temporary contract, then it's a temporary contract.
In the anti-traditional marriage rhetoric, heterosexual marriage is always portrayed as a joke, a business deal, or a disaster, and the failings of hetero couples are explored in detail. The hetero man is either out fucking goats, beating his wife, or jerking off to internet porn, while his wife is on the prowl for someone else, right before they head out to thump the Bible with some pedophile priest.
But when the conversation turns to gay marriage, everything changes. The gay couples are unfailingly loving, committed, truly beautiful people, salt of the earth, and we can almost hear flutes and violins playing in the background. The fact that around 75 percent of gay couples are having "three-ways" or "nights off" or other sexual adventures is never mentioned (except on gay web sites and discussion groups).
Look at John's soldier comparison: the straight soldier is a " dimwit with his helmet on backwards." The gay soldier is "well-trained" and trustworthy. Of course.
So we always end up with the nutty Jeezus Freak heteros with their fucked-up "sacred" degenerating marriages trying to keep the rational and morally-superior GLBT folks outside. I don't know why it is that the case for gay marriage is so often made at the expense of traditional marriages. But on Open Salon it's par for the course -- and sometimes even with the blessing of OS staff and management.
That's a strawman argument. I'm one of those people who occasionally bash traditional marriage (I just did above), and I have no illusions whatsoever about gay marriage and violins. I can't imagine why gay people would be any happier or unhappier than straight people, and frankly I don't personally care whether gays actually marry or not. For me and probably most people here, it's merely a question of fairness and equal rights. If gay people want to marry, I don't feel qualified to deny them the right to seek bliss - or misery. THAT part is up to them, not me or you.
This is where you're wrong. Proponents of gay marriage, who are working on this issue in the mainstream, are not in favor of "possibly every kind of relationship" being included in marriage. This is a convenient straw man, but it is just that.
I think my marriage is sacred, but I also don't think that gay marriage will take anything away from the sanctity of my marriage.
"Left unanswered is why gay people would even want to be involved in something so outdated and laughable."
And yet, many do want to be involved. They're asking for a chance to do it.
If you know that many hetero swingers, all I can say is that you run in a different crowd. As far as the 75 percent -- that comes not from Focus on the Family but from gay web sites, in particular therapists who help gay couples navigate through various kinds of relationships not involving monogamy. In what I've read, some gays actually define "monogamy" to include sexual encounters outside of the relationship. Concerning lumping individuals into one category -- guilty as charged, but in discussing social issues one has to operate at a certain level of generalization.
tregibbs: "And people like you are in NO position to tell anyone else what their rights are."
Actually, when same-sex marriage comes up for a vote people like me are exactly the ones who tell others what their rights are. Like it or not, that's democracy. And when something comes up for a vote that involves my rights, YOU get to vote on my rights. Democracy again.
Alan writes: "For me and probably most people here, it's merely a question of fairness and equal rights."
That's why I support civil unions with basically all economic and legal rights that married people have.
Jeanette writes: "Proponents of gay marriage, who are working on this issue in the mainstream, are not in favor of "possibly every kind of relationship" being included in marriage."
Yes, the mainstream position retains the two-person aspect of marriage. Not far out of the mainstream -- some of whom are OS members -- people do recommend legalizing most any kind of relationship. I look at it this way: if traditional marriage involves a relationship between two people of the opposite sex, and we eliminate the opposite sex requirement, what justification is there for the two-person aspect? Stated differently, if we say that "love is all that matters," and three or four people all love each other, then why not three or four people? So far, I've never heard a proponent of same-sex marriage actively argue AGAINST bringing poly-relationships into marriage. Perhaps you would like to make that argument? If so, I'd love to hear it.
Jeanette: "I think my marriage is sacred . . . "
So you disagree with most of the opinions expressed here, right? I think your marriage is sacred too. In that regard you and I have something in common, and ours is a minority opinion on Open Salon.
Robin writes: "As usual Mishima has to start up...xox"
Hey, somebody has to! Otherwise you guys would get lazy.
We're doing some strange things to language.
By the way, the video has been added to my post. I went into more detail in my response to your comment. Hope you'll return and share your thoughts.
but man, can relate. it would seem at times that marriage become less sacred every day.. a sort of decaying half life.... ouch
I always thought "ball and chain" was too harsh a term until.... uhm.... 6 years of.... nevermind
dude, you better watch your back =|
The Cottage House Meeting.
Con C. Conversations are great.
We talk grain prices set by crooks.
Archer Daniel Middlings, banks etc.,
We learn from each other experience.
Mennonites are a Educated community.
At 4:00 AM, they knock on my barn door.
I don't have a doorbell. They knock hard.
If the women ring my inner ding-dong bell?
I yodel:`Come on in. Women smell of milk!
Men smell like manures is still on trousers!
`
Shakespeare wrote of winter:`
When icicles hang by the wall,
And Dick the shepherd blows~
blows his nail.
It's about autumn cold weather.
I like to hear the farmer plow.
His mule is named Dick. Oops.
Ya hear him yell:`Get up Dick!
Plow!
Love barbs are exchanged here.
Clover, oh Jesus, what fragrance!
Clover, oh Jesus, how sweet!
Clover for only newly wed
who loves her dear husband well;
or the maid penned up in a cell
to safeguard her virgin bed,
yet irresistibly led
astray by lovers' deceit.
Cover, oh Jesus, what fragrance!
Clover. oh Jesus, how sweet!
`
fun read. that's from`No White Choir of Naiads.
It's fun to wonder about old myths of water tails.
fields etc, cosmos ideas pre-tech 21st century day.
I say Know.
Know is to enter within - in a Spirit penetration.
You can Know, and wander to a corn bed to Know?
Conjugal together? You know life is No Rose bed?
You/me can feel/know, and know love is passion?
I'm no expert on such a subject. Have a good day!
I also have a gay brother who had a holy union with his best partner in my basement and has since regretted it proving that gay marriages are no better than heterosexual ones. I really have to wonder if most of the people who take the vows really understand them or, if they do, they have no intention of keeping them.
Personally, I've managed to avoid marriage for 58 years and if I do get conned into taking any marriage vows this late in the game, the words "til death do us part" might actually fit!
Twenty-four years of marriage for me JB and I can tell you you're spot on. The key is both accepting this and laughing. Thinking the grass is greener is a recipe for unhappiness.
RATED
Hey! That's not nice. Our wedding sooooo pissed my mother off. What's not sacred about that?
"Then you've got the truly demented, sanctimonious types who have this inane idea that gay people can be talked out of being gay. That’s like trying to talk an albino out of being pale."
Thank you for that visual image! Rated!
Another point: my sister is not legally married, but she and my "brother-in-law" have a monogamous, committed, loving relationship, and have had for 31 years now. THEIR relationship is the true definition of marriage, not some contrived definition as decided by the corrupt and evil Catholic Church or any other religion. Organized religion is a curse on this planet, anyway!!
I think you are probably correct in a demographic sense. Same-sex marriage is more of an issue for older people than for younger. As we geezers pass on it is quite possible that a majority of people will favor same-sex marriage.
But concerning the idea of same-sex marriage as a right . . . . it has only been found to be a right under a couple of state constitutions. As far as I know, in most states in which cases have come before the state supreme court no such right has been identified. It no longer is a right under the California constitution. The U.S. Supreme Court has never found that there is a right to same-sex marriage. Since no new "suspect class" has been identified by the Supreme Court in several decades, I think it is highly unlikely that such a right will be found in the U.S. constitution.
If a right is not in the state or federal constitution, the only way it can be granted is either through the state legislature (elected by the people) or through a popular vote of the people. You may believe or insist that there is such a right, but in the "real world" I think you're going to have to make your case before the voters. So far same-sex marriage has never been approved by the voters; quite the opposite.
tregibbs: "You speak in generalities and skew facts to represent only one side of an argument."
But at least I'm MAKING an argument. Most of what goes on in the pro gay marriage rhetoric doesn't even involve an argument. People just assert things -- "There is a right to same-sex marriage, and if you don't think so you're a bigot!" -- the discourse often does not rise above that level. Concerning social policy, I don't know how to discusses these issues except through generalities.
tregibbs: "But you keep having fun on those gay websites.... ;)"
I think the gay web sites are a great source of information, and I always urge anyone interested in gay marriage to check out those web sites. They contain information on research studies, reviews of books written from the gay perspective, personal stories of gays and lesbians, and so on.
As I have argued before, in the real world it is likely that the issue of same-sex marriage will be decided by the voters. That being the case, voters should educate themselves on the issue by understanding how gays themselves understand relationships and sexuality. It is really the only way that voters can understand what it is they are being asked to approve, and people will find information there that will never be presented in campaign literature.
Soap Box Amy writes: "Organized religion is a curse on this planet, anyway!!"
That's a great line. And next time you campaign for same-sex marriage by trying to convince conservative religious voters to vote for it, I suggest you use that line. Let me know how it works for you.
As I have argued before, in the real world it is likely that the issue of same-sex marriage will be decided by the voters."
Id interracial marriage had been decided by the voters Sidney poitier and Jaonna Shimkus would never have been married all these years.
" That being the case, voters should educate themselves on the issue by understanding how gays themselves understand relationships and sexuality."
What in HELL do you want to know?
My lover and I have been together for 38 years.
Any questions?
the constitution does not enshrine right of an individual, it limits the rights of government. if you don't see a right listed it doesn't mean you don't have that right. all rights are implied.
that being said, ALL people have the right to marry. that means everybody. Conservatives argue that gay people are asking for additional rights or special rights. Yet, the situation right now is merely limiting the rights of certain people. Gay people simply don't want to be restricted or denied a right that everyone has.
As to your polygamy schtick, the reason most people want to limit it to two people is to keep it as simple as possible. It is much easier to divide assets between two people than between three or more. Perhaps people would press for three-or-more marriages but i doubt there is lot of call for it. No reason why we should expect the government to make this so complicated. If they want to, I'm not against it. Perhaps it would afford some legal protection to the polygamist wives in those horrid mormon compounds.
Better yet, relegate marriage to contract law, that is what it is.
By the way, I'm 99% certain that gay marriage will lead to gay adultery, gay divorce, and gay disagreements on which movie to watch.
(Rated)
Lol. Sounds like my marriage. He dances with me and I'm reconciled to picking up his socks. It's a small price to pay.
The constitutional system does not imply that we vote on people's rights. There was a decision at the time that the Constitution was adopted that certain rights would be spelled out. That was the Bill of Rights. What was important was that, while every right now recognized is listed, the rights of the individual were weighted equally with the rights of government. Over the years, certain rights have been defined by the courts as "fundamental." These rights are not necessarily written out in the constitution or acquired through legislation, but have over the years been determined to be obvious by the Supreme Court. There are not that many of these "fundamental" (the legal term) rights. One of them is marriage.
The reason that no one has to present an argument (although there are good ones) as to why gays have the right to marry is that fundamental rights to not have to be justified, only identified. The protection of fundamental rights takes the form of limiting what the government may legislate. The government says who may marry, what age they must be, where they must reside, how they can be related, and so on, because the government may make laws regarding a fundamental right which regulate it as needed for orderly administration. However, the government may not deny a fundamental right for any but a "compelling" reason that cannot be achieved any other way.
Once it's clear that gay people wish to get married, the legal question is not "why" but "why not?" How does the denial of that right serve a compelling government interest? That the right has not been recognized before is not a good enough answer.
The Supreme Court found that race is a "suspect class" with respect to the equal protection clause of the Constitution. No such finding has ever been made for sexual orientation.
David: "What in HELL do you want to know?"
I wanted to know what gays themselves thought about monogamy and other issues related to marriage.
Danny writes: " . . . if you don't see a right listed it doesn't mean you don't have that right. all rights are implied."
Well, it's not that simple. For example, you probably can't marry your sister, your mother, or your motorcycle, because state law doesn't allow it. You may live in a state in which you can't legally possess marijuana for medical purposes. You probably live in a state in which you can't take advantage of physician-assisted suicide.
Just because people assert that they have a right doesn't mean that they have it. Earlier in your comment you complain about my "old tired arguments." At least I'm making arguments. You're not making an argument; you're making an assertion, but it is an assertion that generally is not true. You may want or wish it to be true, but it isn't. In that regard I would say that a tired argument is better than a false assertion.
emma writes: "I don't really care what other people do in their marriages, but I don't think it is ridiculous that my husband and I choose not to sleep with other people."
I think we have to distinguish between the marriages of individuals vs. marriage as an institution and social policy. The ideal of traditional marriage provides a model for how married people should live. They may fail to live up to the ideal, or they may reject the ideal, but the ideal is still there.
But if you open up marriage to an entire class of people for most of whom monogamy is an "option," and probably not a very desirable one, then you basically change the nature of marriage.
As I always tell people, read the gay web sites, the books and articles written by gays, etc. In that community you'll find that monogamy is an "issue" totally unlike anything in the hetero community. You'll find articles and posts such as ""Gay Monogamy: Does it Exist?" "Are Gay Male Couples Monogamous Ever After?"
Here's some interesting information in an article titled "The 'M' Word," written by a gay man who runs a gay spirituality blog: "The majority of gay men, it seems, see the defects of sexually exclusive relationships. . . . Studies of gay male couples have shown that as many as 75 percent are non-monogamous. . . . "
http://gayspirituality.typepad.com/blog/2005/04/the_m_word_mono.html
And he goes on to discuss a couple of research studies showing the low level of monogamy in long-term gay couples. But he sees the non-monogamy of the gay couples as a positive thing, something that even hetero couples could learn from:
"Nimmons’ approach to the issue of monogamy is to celebrate the gay male lifestyle as a cultural innovation that can even serve as a model for spicing up the sex lives of heterosexuals. He approvingly quotes a British gay liberation text: “Our heterosexual detractors betray their limited vision by their mistaken assumption that promiscuity is incompatible with lasting relationships.”
Some gays redefine monogamy: "“We only do it in three-ways,” said one man. “It’s OK if neither of you knows the person,” said another. “Just on our designated ‘boys’-night-out,” said one couple. “Only when we travel,” another couple remarked."
Others want to eliminate the negative connotations related to words such as "adultery" : "Might we one day erase the words ‘cheating’ and ‘betrayal’ from the matrimonial script? Indeed, might the very concepts slowly evaporate from a more humane marital vocabulary?”"
Sirenita writes: "However, the government may not deny a fundamental right for any but a "compelling" reason that cannot be achieved any other way."
That's true only for classes of people defined as "suspect classes." Outside of those, laws merely have to pass the "rational basis" test, a much lower standard than "compelling interest." As I mentioned before, the Supreme Court has never found sexual orientation to be a suspect class, nor have the great majority of state courts. So you're back in the business of having to "make an argument."
I wasn't denigrating servicemen. I'm proud of the troops. But there was, as you may recall, a period of time during the Iraq war, when the military was so desperate for new troops, it seemed as if they were enlisting everyone thay could find and rushing them through boot camp.
And I disagree about whether it's a military and political issue. The Joint chiefs are involved in the decision. No?
The argument does not start with "are you part of a suspect class?" The fundamental rights argument starts with identifying the right, which has been done, and then proving that it is being denied. To take a hypothetical example, if my city charged $1000 for a marriage license in order to make up for the economic disaster, it would be found to be denying a fundamental right to those who cannot afford this amount. However, the city is free to charge that for a business license. No issue of suspect class arises. It is putting an obstacle in *anybody's* way that is unconstitutional.
Put another way, the analysis of equal protection violations have one analysis. Due process is another analysis. Fundamental rights are yet another analysis. Suspect class enters into equal protection, not every issue involving any kind of right at all.
The idea of a fundamental right to marriage is problematic on several levels. First, in some marriage cases the courts have decided the case on the basis of equal protection or due process while using the rhetoric of "fundamental right" as a kind of window dressing. I would argue that this is what happened in Loving v. Virginia. The Court's appeal to the equal protection clause had already decided the case. Adding "Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival," doesn't really do anything more.
Second, the courts never bother to explain why a right to a civil marriage -- which is what we're talking about -- is a "fundamental" right. Civil marriage is a creation of the state. Were the state to vanish civil marriage would vanish. Or, the state could simply abolish marriage or replace it with civil unions (suggestions often heard on OS). If civil marriage were truly a "fundamental right," then the state couldn't abolish or replace it.
Compare that to procreation -- the state could vanish, but procreation would remain, nor could the state "replace" it with something else.
Third, the courts never bother to explain what are the boundaries of marriage. On the one hand courts have affirmed that the states have great leeway in regulating marriage -- deciding who can get married and who can't, the rights and obligations conferred by marriage, etc., and the courts act like it's not a fundamental right. On the other hand they say there is a "fundamental right" to marriage, which implies an extremely limited role by the state. Which way is it? Prior to the court deciding, we don't know, and we end up with a patchwork of decisions.
Fourth, since civil marriage is a creation of the state, the state basically defines the "content" of marriage. In saying that there is a fundamental right to civil marriage, I would ask "what exactly IS civil marriage?" We don't know, because the state has to define what civil marriage entails. So saying that there is a fundamental right to marriage is kind of like saying that there is a fundamental right to a "vacation." What vacation? To where? For how long? We don't know until the details are spelled out.
This is why I don't find appeals to the "fundamental right" of marriage very helpful -- not to mention that a number of state courts have held that there is no such right to same-sex marriage.
Let me put it this way: people can assert that same-sex couples are included in the fundamental right to marry (whatever that is). But so far the Supreme Court hasn't found that, and most state courts haven't either. And a lot of people may end up being disappointed, and if that happens the advocates for same-sex marriage will have to make their case in front of "we the people." And so far "we the people" aren't supporting it.
I too was a Vietnam "draft counselor" and a "conscientious objector" and did alternative service at a state mental hospital near Chicago. What we did was wrong but, as long as we don't talk about it, the public is willing to overlook our mistake.
Surely you know that we can protest war but we are to never again criticize soldiers or the military, right?
Gads.
I am saying I got up on crutches and went to THANK Phil Berrigan etc., for protesting war.
I'd THANK William Sloan Coffin, monks, nuns, humans, a mules who sound flatulence, bumble bees, rattler round wing katydids, common meadow katydids, black hairy leg, bearded, Mennonite Women, rubber crocks, raspy Kentucky voiced cricket/insects WHO were having sex!
I'd thank anti-war sotted crickets who were tapping-on Pine Tree Bushy Katydids!
It is quite a insect!
Ay, Katydid lullaby!
I hate to hear hate!
Afghans/Iraq/Iran?
Fellow human beings!
How'd I get back here?
Thanks for Ya anti-war!
Memories. Pain. Blood!
I get the lingering ACHE!
So- thanks john blumenthal. I Thought woke up to the sound of carpenter frogs sawing logs!
I thought it was a harp, cello,
violin, juice harp? chain saw!
I'll go for a walk?
I smell plastic yellow daffodils!
I'll lay pink flamingoes on graves!
huh? lasso a squirrel with a hoop!
Pull folk close.
Whatever.
test them.
love them.
kiss katydid!
those sounds!
calming tulips.
anti-war-morn.
no harm or kill.