Gay Marriage is Not a Civil Right

maine.marriage

Gay marriage is not a civil right

by Marc R. Mutty
Lewiston Sun Journal

Advocates of legalizing same sex-marriage in Maine usually argue it is a “civil rights” issue, because they know that no one wants to be thought of as opposing the rights of others.

It is obvious that neither the United States nor our state constitutions say anything about an individual’s right to their own definition of marriage. Their texts just can’t be stretched that far.

The fact is, however, no one has any “right” to marry. Repeatedly asserting there is does not create one. Societies have always regulated who could marry. Brothers and sisters cannot legally marry, for example, nor can anyone marry someone underage or marry multiple people.

The courts have indeed recognized that there are rights that are protected, even if they are not specifically mentioned in the constitution. But the reason is that these important rights are rooted in the history and tradition of our nation; it would be unthinkable not to protect them.

By contrast, claiming there is a “right” to same-sex marriage is entirely novel. As New York’s highest court noted in upholding that state’s traditional definition of marriage, the idea of same-sex marriage was utterly alien until a very, very short time ago. No one can reasonably argue the framers of our constitution intended it would ever be understood to require the recognition of homosexual marriage.

Those arguing for same-sex marriage often also try to compare it to laws banning inter-racial marriage. There is no comparison. The court decisions overturning these odious laws made clear that the institution of marriage shouldn’t be hijacked to advance other objectives, in this case the rightly discredited idea that one race was superior to others. Marriage was only one tool.

Marriage clearly has nothing to do with race. It is mostly about children and the social benefits that flow from encouraging men and women to take on the critical roles of mother and father that children need to thrive. Certainly, we should treat all people with dignity and respect, but we must not sacrifice the critical social institution of marriage to do this.

Read the entire article.

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2 Responses to “Gay Marriage is Not a Civil Right”


  1. 1 Michael P. October 6, 2009 at 8:21 am

    This post shows a shocking lack of jurisdiction in the areas of knowledge required to prescribe a reasonable perspective on the matter.

    Many facts herein are blatant fallacies, while others simply ignore common law.

    Indeed, it would be expected that most readers of any knowledge of the historical rending on the theory and statute of Marriage and human fellowship to know that Marriage and those rights expressed therein are kept as policies and rights as themselves. Yet, this hapless blog seems to trod halfway across said bridge, and then fall into the river.

    Can the blogger not make the connection that marriage is a blanket term comprising the aforementioned rights? Lest those who will equal protection under social law be forced to express each and ever nuance, this is the wisest route.

    Indeed, their desires are stated, not unlike those of which you question therein regarding the Civil Rights movement- but mankind shall refer to the Civil Rights movement as such because the listing of each desired right and respectful nuance would be paltry to do so every time when a blanket term operates so effectively.

    It is clear that our blogger, by grasping for straws and getting nothing– not even the slightest of reasonable points– across is doing itself a great disservice. Indeed, for its position and (now stated) reasoning, deductive, and skills of comprehension.

    PS: Perhaps a rather pedantic comment, but the photography listed on this website is potentially of worse distinction than “amateur.” Grainy in quality, and in desperate need of artful color correction, it shows either a lack of ability with a camera, or a rather stated inability to edit a post-production composition in editing software such as “Photoshop.”

    The website really would do better to be joined together with at least the slightest notion of flow, but instead is left to rot on the window sill of 1990’s era “tabbed” blogs and chunky, ill-devised images.

    I see this website, and its rather ill-informed author going no where fast- much like Prop 1.

  2. 2 Raytmimer October 10, 2009 at 8:16 am

    Do you have anything constructive to say Michael? It’s awfully kind of you to come here to critique everything but the content, but let’s get down to brass tacks shall we?

    Why do you think marriage should be redefined? Marriage is between a man and a woman, joined together for life, bonded to each other and to the children that may come from that union. Marriage is a productive union, fostering stability and growth through the bearing and raising of children.

    Marriage is available to all equally. That is why the civil rights analogy fails.


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