Friday, February 10, 2012

Struggling With The Constitution

I have recently in a continuing conversation about gay marriage and the Constitution.  In this discussion several issues have come up, but none bigger than the need for a Constitutional Amendment allowing gay couples to receive status in the eyes of the law.

I contend that we do not need an amendment, for fear of how it would be used in the future and with the understanding that the present amendments provide grounds for the allowance of gay marriage.  Now would be an appropriate time to state that I am completely for allowing gay couples to marry and receive benefits as such.  Marriage is a hard undertaking (coming from someone who has had one to fail) but denying the joys of such a challenge is ridiculous to say the least.

My fears of how the amendments may be used in the future are not the typical.  I do not fear people wanting to marry animals or multiple people.  I fear a marriage amendment being used by corporations (already sadly defined as people) to manipulate deals in their favor and hurt common people.  Yes, an amendment would help those gay couples that want to be married, but it may well hurt them in the long run when we all go sliding headlong down this slippery slope already being tilted by the Supreme Court.  It is a clear fact that companies and the wealthy will use the system in their favor to make even more money, and opening the door for them to "marry" and gain all the civil benefits is not something we need.

In addition I feel that our current Constitution, if interpreted correctly, can be used to justify gay marriage.  Using the Fifth, Tenth Amendment, and the Ninth Amendment, the Supreme Court could allow for gay marriage laws to stay in the states.  This idea does open the door to a perpetual battle much like the battle faught over abortion, but it allow us to prevent further harm.  Marriage is after all a state mandate and the Tenth Amendment allows all power not listed in the Constitution to be reserved to the states.  The Ninth Amendment states that any right not established by the Constitution at the time of its writing to be allowed in the future.  If the right to marry is allowed by the states, then under the Tenth and Ninth Amendment gay couples should be allowed to marry.  Even under the Fifth Amendment's statement for the rights of "life, liberty, and property," gay couples could argue it is unconstitutional for them to not be allowed marriage.  If laws deny gay couples to share property such as homes, cars, or insurance policies, are they not in violation of the Constitution?

I am by no means a Constitution expert, and I may be coming at this from a wrong direction.  What do you think?  Are you for or against gay marriage? If so how did you form your opinion?  Are you for an Amendment or not?  I am curious what other people are thinking and talking about.  Maybe I'm wrong.  Write me a comment and tell me what you think.  Leave it here or my facebook page.

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