June 26, 2015

[Jason]

I try and keep general ideas of politics and all that out of the website but this one is just too big not to talk about.

We'll put aside all the other news like the Confederate Flag and the trade deal and talk about the big news that the Supreme Court has said that same sex marriage is legal in all 50 states now.

That's a big deal. A really big deal.

We're going to hear a lot about how "We shouldn't pass laws from the bench." and "This is just a bunch of judicial activism that the people of the nation don't want." or even the classic go to "This should be up to the states."

Well I'm gonna tackle each one of those one at a time here... so let's start...

"We shouldn't pass laws from the bench." - Wrong. That's exactly what the court is there to do. To hear opposing sides on an issue and decide which is the correct side. This is based on constitutional law. That law, I feel, can't be rigid. It needs to bend and flow and be able to change with the times. When the constitution was written we didn't have so many of the technologies we have today or even the social issues that we have today. It's the courts job to, hopefully, rule in favor of the constitution with regard to the ever adjusting world in which we live in. Also, it's very hypocritical to say that when the courts rule against you but to spout nothing but support for the court when they rule on something you're in favor of.

I have my disagreements with the Supreme Court on some issues... like Citizens United. I think it's a terrible piece of legislature... but the court did pass it. It will take a constitutional amendment to revoke it and I think that's something that should be pursued. If folks are against same sex marriage they are more than welcome to do the same.

That goes to the second point about "judicial activism". This we hear a lot when a ruling doesn't go the way folks want it to... and it's usually from the conservative side of the argument that we hear that the most. That is to say I haven't said the same thing in some instances... mostly when basic human right are being ignored by a court somewhere (we've talked about a couple of those issues in the podcast). An article I read about this story said the "more liberal" judges all voted in favor of it. That's true. One of those judges was appointed by Nixon, that would be Justice Kennedy. He has, consistently, voted in favor of the rights of the individual and considers himself a conservative man politically. He has said, however, that the only reason he gets grouped up with the other judges is that the right wing has moved so far to the right he can find no place there anymore.

Finally, the argument that it should be up to the states. I hear this a lot from members of congress in states that had not yet passed a law allowing same sax marriage protections. Here's the thing... at the time this ruling was passed roughly 12 states didn't allow for same sex couples to get married. That's a time amount... and the odds that within the next 5-10 years all those states would have allowed the marriages anyway was very good. Part of what this ruling says, and why it's made the marriages legal in all states is that State A (which doesn't allow) cannot refuse to identify and accept a marriage held in State B (which does allow). You're married... you're married everywhere.

And let's talk about a few other things that we're hearing about this issue for a moment.

Preface - Let's talk definitions here. A Marriage is something you get from the state. That goes on public record. No church, no priest, no pastor or bishop need be involved. You go to your local court house or whatever, give em a few bucks, sign the papers... you get talked to by a judge or whatever... bam... married.

A wedding is the private ceremony. And when I say private I don't mean private ok? I mean you pick the place, the color of the table cloths, the seating, the food, who gets invited, who officiates it... this is the optional event that you can use to celebrate your marriage.

#1 - That churches will be forced to provide same sex couples with marriages. Wrong. Churches don't do marriages, they do weddings. A church can, honestly, deny you a wedding for the color of your socks if they so decide to do so. Some churches will be allowing same sex couples to have a wedding there and that's great. Totally their decision. Nothing in the law says you MUST give same sex couples a wedding at your church if you don't want to.

#2 - Straight people are less married now because same sex couples are married. This one is so stupid it hurts my head. How does that even work? That's like saying you're less full because someone else ate dinner.

#3 - We all have to get married to someone of our own gender. The level of stupid here is equal to or great than the previous statement.

#4 - This opens the door to allow incestuous marriages, bestiality, pedophilia and so on. Again... nothing. There's nothing in the law that says that any of that will be ok. Someone people have used the argument that "Well now that people who are in love can get married, what's to stop a 45 year old father from getting married to his 8 year old daughter?" I'll tell you what's there to stop that... laws. The law doesn't change any of that nor is it a "gateway law" that's going to start any of that from happening.

I also really like the presumption that before this law was passed that no one that was previously married were in love, they just did it cause they had to/were bored/needed the tax break/whatever.



So there ya have it. My quick summation of the law and it's arguments against and just outright lies that have been spread because of it.

Let it be said on record here that I am a progressive minded person... that kinda means Libertarian but with a sense of responsibility toward my fellow man no matter how much I may loathe him. I have been a supporter of gay rights for pretty much as long as I can remember. I am very excited for my gay friends who live in Idaho and everywhere in the nation.

I'm excited to hear the definitions changing. I'm excited that gay people are being treated like people in this country.

I'm excited to never have to type "gay marriage" or "same sex marriage" again... I can just type marriage.