Meghan McCain and Gay Marriage

Posted on November 20, 2009. Filed under: Great Reader Comment, Thumbs up, Uncategorized | Tags: |

A readers comment on Meghan McCain’s blog about Carrie Prejean

chengdulaoshi

I think what Ms. McCain is doing is calling out the Republican Party for *their* hypocrisy in sheltering Miss Prejean from outright ostracism in deference to her position on gay marriage.

I greatly respect Ms. McCain for her position on gay marriage, and I realize that it must take enormous courage for a Republican to express support for a gay’s right to marry the person he or she loves.

I believe that marriage is a fundamental human right, and laws restricting that right must be subject to strict scrutiny.

In other words, unless the law is necessary to accomplish a compelling state objective (and no less restrictive means is available to accomplish the objective), the law is unconstitutional and void ab initio.

I have yet to hear opponents of gay marriage state a legitimate, much less compelling, state objective that requires restricting marriage to a man and a woman. All they can say is “marriage is between a man and a woman because marriage is between a man and a woman.” This obviously begs the question.

Although the religious right and the anti-gay marriage crowd are certainly entitled to their personal notions of what a marriage should be, they must not be allowed to cram those notions down other people’s throats.

This nation was founded by people who were deeply suspicious of religiosity and the strong tendency of some people to subvert the legitimate purposes of law to further their personal religious agenda. That’s why the First Amendment prohibits the establishment of a state religion.

Laws forbidding marriages between homosexuals are analogous to the establishment of a State Religion, where marriage will only be permitted in cases in which it comports with the State Religion’s definition of a marriage.

I think President Obama has articulated a position on gay marriage that was designed not to offend a large percentage of the electorate. Although I support Mr. Obama, I think this is an unfortunate stance that he has taken, which is inconsistent with his stated desire of equal human rights for all Americans.

History has shown that the notion of human rights evolves with societal norms. At one time, slavery was not only legal, it was considered by many to be a moral good. Less than 50 years ago, a black man and a white woman could be imprisoned in America for up to five years for the “crime” of interracial marriage.

The day will come when the U.S. Supreme Court recognizes that anti-gay marriage laws operate to deny gay citizens their 14th Amendment right to equal protection under the laws, and identifies the right of gay citizens to marry the person of their choice to be a fundamental human right.

It may not happen during our lifetimes, however. 😦

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