 |
|  |
 |
|  |
 |
|
Adam Smith
|
 |
Maryland, USA
Jan 1970 time: 00:33
|
|
Editorial in Today's Washington Post
Why Not Civil Unions?
Friday, February 6, 2004; Page A22
THE HIGH COURT of Massachusetts delivered a hard-line response this week to the state Senate's request for guidance on the subject of gay marriage. The Senate had asked for clarification of the court's earlier ruling that, under the state's constitution, gay men and lesbians were entitled to marry -- specifically, whether the Supreme Judicial Court's ruling might be satisfied by a bill creating Vermont-style civil unions, which confer all the benefits of marriage on gay partnerships while reserving the word "marriage" for opposite-sex couples. The idea was to avert a showdown over amending the state constitution by passing a civil-union bill instead. "The answer to the question is 'No,' " the court responded. Civil unions were akin to the separate-but-equal doctrine that permitted racial segregation, and the "history of our nation has demonstrated that separate is seldom, if ever, equal."
We support gay marriage. It is, in our view, wrong to deny to people in loving, lifelong relationships the benefits and rights that normally attach to being married. At the same time, we are skeptical that American society will come to formally recognize gay relationships as a result of judicial fiats, and we felt that the 4 to 3 majority on the Massachusetts court had stretched to find a right to gay marriage in that commonwealth's 224-year-old constitution.
Now the same majority has stretched still further, finding that the state constitution not only grants to same-sex couples a substantive right to marry but also dictates the nomenclature of the unions. When moral certainty bleeds into judicial arrogance in this fashion, it deprives the legislature of any ability to balance the interests of the different constituencies that care passionately about the question. Given the moral and religious anxiety many people feel on the subject and the absence of clear constitutional mandates for gay marriage, judges ought to be showing more respect for elected officials trying to make this work through a political process.
The judges' action has increased the likelihood of a state constitutional amendment that could ban gay unions under any name. Politicians at the federal level now more than ever will trip over one another to swear allegiance to traditional marriage and push a federal constitutional amendment to ban gay unions in all states. The case for this noxious proposal rests on the claim that judges are forcing gay marriage down people's throats in an anti-democratic fashion. In refusing to allow the people of Massachusetts to choose civil unions as an alternative, the court seems bent on playing to this caricature.
|
|
|  |
 |
|
Agathon
|
 |
Leafs 4TW!! - CPA
Dec 2002 time: 00:33
|
|
quote: Originally posted by Imran Siddiqui
quote: Personally, I feel that fundamental human rights should never be granted through popularity polls. What do you think? |
The problem is if the public is so against it when an unelected court decides it should be law, you will have major problems, such as what is going on with all 38 states banning gay marriage. The big problem is that there is a fairly decent chance that a Constitutional admendment banning gay marriage could pass. |
Oh, if only.... 
A constitution that openly discriminates against gays, insane gun laws, imprisonment without trial or representation, a concentration camp, bent elections, insane tax policy, pre-emptive wars based on lies and/or faulty intelligence, widespread religious mania, etc. etc.
Man, that will get those anti-Americans on side. 
|
|
|  |
 |
|
Ned
|
 |
of Aptos, CA
Oct 1999 time: 21:33
|
|
quote: Originally posted by Agathon
Oh, if only.... 
A constitution that openly discriminates against gays, insane gun laws, imprisonment without trial or representation, a concentration camp, bent elections, insane tax policy, pre-emptive wars based on lies and/or faulty intelligence, widespread religious mania, etc. etc.
Man, that will get those anti-Americans on side. |
Agathon, if you want to criticized America for being socially conservative, I suggest you get a real dose. Take your ideas of communal women and gay rights to the Ayatollahs of Iran and see how you are received.
By life insurance first.
|
|
|  |
All times are GMT. The time now is 05:33. Apolyton Time is 00:33. |
top of page
|
| archivepost |
|
Forum Rules:
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
|
HTML code is ON
vB code is ON
Smilies are ON
[IMG] code is ON
|
|
|
|
|
|