In 5-4 split decisions, the Supreme Court threw out the ban on same-sex marriage in California, effectively allowing those marriages in the 13 states that now recognize them, and, on very technical legal grounds, left in effect the ban on unisex marriage in the states that do not now permit them. While its decisions were half right, the Court’s reasoning was all wrong.
What the Court should have said is that marriage is a private relationship over which the government (federal, state, city or otherwise) has no jurisdiction, no authority, no power. And it should have said so very simply, clearly and loudly:
“In America, every man and woman is free…free to live his or her life as he or she alone choose…that freedom can only be denied, limited or restrained through acts of force…and that the sole function of all governments, therefore, is to provide the people with a force-free environment.”
In other words, you and I are free to enter into a marriage relationship with any one or more consenting adults…or with one or more goats, if we wish.
Our Constitution states that powers not specifically granted to the federal government are reserved to the people and the state. The Founders were wrong here. Powers not granted to the federal government to provide us with a non-, coercive environment are properly retained by the people, individually.
So what ought those seeking to marry in a state that does not permit same sex marriage do? Marry…and sign an agreement which sets forth the personal responsibilities, financial obligations and authority which the parties choose to have. In the unlikely event that no religious minister will perform the ceremony, have a mutual friend say the appropriate mumbo jumbo words, sign the agreement, and have a great marriage!
Oh, yes. One further thing: laugh, long and loud.
(The issue that a same sex couple in those non-permitting states will not be entitled to government benefits accorded other couples will be dealt with in a future post.)