Akiroti
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- Posted: Sat, 07 Nov 2009 06:10:25 +0000
So, I haven't studied law or government...and I have little knowledge on the subject. These are honest thoughts and I will take no offense if you prove me wrong. In fact, I would LIKE that.
If I am correct, the Legislative system decides things based on nothing but the Constitution(s) (American and or State). So, with the Legislative branch, various social issues deemed innappropriate were declared appropriate because the constitution either did not frown, or frowned upon the barring of it. Women's suffrage, and the Civil Rights movement under Blacks was never solved by a vote. A vote CLEARLY would have been unfair. How is this any different from the Homosexual Movement? Well. that would depend on whether one believes Homosexual Marriage is a SOCIAL or POLITICAL issue.
If it is a social issue, in a perfectly constitutional world, it is to be solved by each individual person, not the government, and certainly not a vote by the common people. This is in fact why our founding fathers avoided a complete democracy. They feared the blindness of the common man.
If it is a political issue, it is to be solved politically...as with a vote or any other sort of democratic function installed into our constitution.
So yes, the Anti Gay Marriage group won 53% to 47%. But, is this fair to be put up to a vote anyway?
Think about it. Votes are subject to bias. The Constitution is as well, though a lot less and a lot more open to interpretation...hence why the Legislative Branch interprets and decides what the government can and can't allow...or better what what it can and cannot enforce.
Constitutionally, and I believe the founding fathers did this on purpose, you CANNOT enforce a rule saying a church CAN or CANNOT wed whosoever they wish.
Every state allowing gay marriage decided it through Legislation AS IT SHOULD. Now, with votes, it's going to hell. It's like we're reversing what we've done in spite of our constitution.
It's like New York holding a vote on whether or not to illegalize being goth. The Prep Side wins with 54%, and the Goth side loses with 46%. It directly goes against the first ammendment. As does outlawing gay marriage. If one wishes to express their love through marriage, the government has no say in it. But this also depends on whether you believe marriage is a RELIGIOUS issue or not.
Someone enlighten me in law, please.
TL;DR?
Homosexual Marriage- Social or Political Issue? Religious or Non-religious ruling? Does the government have the right to ban it through a common vote?
If I am correct, the Legislative system decides things based on nothing but the Constitution(s) (American and or State). So, with the Legislative branch, various social issues deemed innappropriate were declared appropriate because the constitution either did not frown, or frowned upon the barring of it. Women's suffrage, and the Civil Rights movement under Blacks was never solved by a vote. A vote CLEARLY would have been unfair. How is this any different from the Homosexual Movement? Well. that would depend on whether one believes Homosexual Marriage is a SOCIAL or POLITICAL issue.
If it is a social issue, in a perfectly constitutional world, it is to be solved by each individual person, not the government, and certainly not a vote by the common people. This is in fact why our founding fathers avoided a complete democracy. They feared the blindness of the common man.
If it is a political issue, it is to be solved politically...as with a vote or any other sort of democratic function installed into our constitution.
So yes, the Anti Gay Marriage group won 53% to 47%. But, is this fair to be put up to a vote anyway?
Think about it. Votes are subject to bias. The Constitution is as well, though a lot less and a lot more open to interpretation...hence why the Legislative Branch interprets and decides what the government can and can't allow...or better what what it can and cannot enforce.
Constitutionally, and I believe the founding fathers did this on purpose, you CANNOT enforce a rule saying a church CAN or CANNOT wed whosoever they wish.
Every state allowing gay marriage decided it through Legislation AS IT SHOULD. Now, with votes, it's going to hell. It's like we're reversing what we've done in spite of our constitution.
It's like New York holding a vote on whether or not to illegalize being goth. The Prep Side wins with 54%, and the Goth side loses with 46%. It directly goes against the first ammendment. As does outlawing gay marriage. If one wishes to express their love through marriage, the government has no say in it. But this also depends on whether you believe marriage is a RELIGIOUS issue or not.
Someone enlighten me in law, please.
TL;DR?
Homosexual Marriage- Social or Political Issue? Religious or Non-religious ruling? Does the government have the right to ban it through a common vote?
