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Archive for the 'Constitution' Category

Nov 19 2008

Semantics, Sex, and the Constitution

I don’t know why but the fact that any group is denied basic civil rights over what kind of sex they like (I mean really, homosexuals are doing what most straight people I know do…and how would you like it if the government told you you couldn’t get married because of what you liked to do at home with you beloved? Hmm? tell me?)  just irks me no end so I was looking at the Constitution trying to figure out if I had a reason to be pissed.  I thought, hey, maybe I’m off base…so I’ll check it out. 

Amendment 10:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

Ok….I’ll give you that on the surface that makes it look like a state’s rights issue what with the reserved to the states bit BUT there is also that to the people bit…I know popular election puts it in the hands of the people.  Don’t worry I’m way ahead of you…

Amendment 9

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

 

Hmm…that pesky people bit again

Amendment 14 Section 1

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherin they reside.  No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United State; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Several things to notice here…the word privileges for one.  People talk about marriage being a privilege and not a right…I got your privileges ;)  The rest of it pretty much says to me you aren’t allowed to screw with privileges or rights….so no matter which side of the fence you go down on (privilege or right) marriage is covered.  Marriage is definitely one or the other and the government is definitely involved (otherwise we wouldn’t change tax status for married couples and we wouldn’t charge for marriage licenses or divorces or any of the other ways that the government screws with a ‘married’ couples money)

Now for the semantics bit.  Maybe we all just need to use different words…words are powerful and evoke powerful reactions in people.  I’ll even give you that various religions (see I’m not even going to nitpick that religion was used as government for the longest time) have a claim on the word marriage.  So let’s not regulate marriage…

Let’s regulate something called cohabitation….or a civil union… or some other term that won’t rile people up.  I think it is kind of how some women get pissed if they are called a whore or a bitch.  Neither word is (usually) accurate so they aren’t upset at the actual definition (she isn’t really a female dog) but more the emotion it evokes (I mean….logically if you aren’t taking money for sex and someone calls you a whore why would you be upset? …heck if you are taking money for sex and someone calls you a whore why would you be upset?) Being a bit random, sorry.

My point is…the government is regulating cohabitation at the moment and by making laws that prohibit consenting adults from enjoying the legal benefits of cohabitation they are denying said consenting adults of their Constitutional right of “equal protection of the laws”

Now if you still think people should be denied those Constitutional rights, please….lay it out for me and back it up with a legal reason.  I’m not interested in what your religion has to say about my sex life or anyone else’s sex life.  That concerns you…not my government….so legal defenses only. :)

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