Governor Christie has always vowed to veto any gay marriage bill that passes his desk. What’s more, to compound his blatant ignorance, he publically remarked on the progress towards marriage equality made by the New Jersey State Senate Judiciary Committee, whereby he implied that the civil rights headway made in the 1960s by courageous lawmakers should have instead been passed by public referendum, not by forceful legislation.
His now-infamous comment goes as follows, “People would have been happy to have a referendum on civil rights rather than fighting and dying in the streets in the South.”
Despite the overwhelming amount of bigotry and stupidity that was spewing from his cakehole, it appears he, too, has forgotten a few chapters from his days in law school.
The Will Of The Majority v. The Rights Of The Minority
According to The Principles of Democracy, “majority rule is a means for organizing government and deciding public issues; it is not another road to oppression;” in other words, you cannot utilize public referendums to vote on civil rights! Furthermore, these referendums (and subsequent laws) are a complete contradiction to several cases that have fallen before the Supreme Court over the past sixty years — cases that explicitly state that marriage is a fundamental human right under the Equality Protection clause of the Fourteenth Amendment. Yet, in 31 states we have used majority rule to justify the oppression of LGBT Americans.
The Conservative Right has offered us an olive branch with a separate but “equal” system, marriage for them, and civil unions for us. Gay marriage has become the water fountains of the 1950s: LGBT individuals are separate but by no means equal.
Thanks, but no thanks.
If religious leaders and other naysayers want to keep the so-called sanctity of marriage intact, they should demand a constitutional ban on divorce. Such a ban will ensure that our country would preserve the sanctity of marriage. With a divorce rate higher than 50 percent, heterosexuals have shown us that most unions cannot stand the test of time.
cough, Newt Gingrich, cough
If the majority wanted to keep marriage strictly as a religious institution, then so it should be, albeit with the understanding that a marriage has no legal merit. Marriage would simply become a union of one man and one woman under God.
In order to receive the benefits that the LGBT community has been deprived of, all couples would be required to get a civil union. This would be equal. This would be fair. Because Churches and other religious institutions do not receive federal aid and will no longer be able to perform a ceremony with legal merit, our country would experience a genuine separation of church and state.
This, however, is only half the battle. Even if all 50 states pass laws allowing same-sex couples to marry, LGBT individuals will continue to be denied federal marriage benefits.
In 1996 when the United States Congress passed the ‘Defense of Marriage Act,’ signed by President Clinton, the federal government started denying same-sex couples all federal benefits and defined marriage as one man and one woman. So, regardless of how tolerant our state government may be, our country will still have a separate and unequal system under DOMA.
How can the Supreme Court allow states to segregate by way of public referendum? They continue to do so even though Justice Antonin Scalia, a foe of gay rights, wrote in Lawrence v. Texas: “What justification could there possibly be for denying the benefits of marriage to homosexual couples exercising “[t]he liberty protected by the Constitution”? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry”
Gov. Christie, pay attention here: The U.S. had this same debate for another ‘class’ of individuals until 1967 when the Court unanimously overturned laws of more than 20 states that prohibited interracial marriage in Loving v. Virginia. There is no logical argument to justify the inequality that exists today for same-sex couples.
The LGBT community has suffered through relentless oppression, violence and inequality under the law for long enough. It is time to change this country and bring the U.S. out of a puritanical mindset and really look at who is and who is not “destroying” the “sanctity” of marriage. Don’t you worry; I have a call into Newt’s… uhm… one, two, three, four, fi… No, uhm, yes, third mistress for more details about the definition of “sanctity” and “marriage”!
Good commentary! My worry is, who is a strong enough candidate to see this through so that all states get on the bandwagon? I am fortunate to live in Connecticut for now…but don’t have a partner to exercise it… So it is a “wash” for me personally… Obama yes on this issue, but just a deplorable economic record no matter whose “fault” it is or what was inherited! How can we enjoy our “gayness” if we don’t have a “scrap of bread” to feed our children or a job to report to that offers us a decent wage???
Admittedly, I have been a bit ignorant on most of the other candidates..as my paid work and my advocacy work are much more important than their political game playing!
Respectfully,
Donna “Ladyjustice”
http://www.donnagore.com
Thurgood Marshall effectively argued in Brown v Board of Education that separate could never EVER be equal. This rule applied whether discussing education or marriage rights. For another 30 years, Conservatives have been arguing that this case has been incorrectly interpreted – including Justice Clarence Thomas, a personal benefactor of the decision. The man’s not fit to sit on the bench.
Dobson, the evangelical leader of “Focus on the Family” has conceded that Christians have lost the moral high ground on gay marriage, given the 50+ percent divorce rate among heterosexuals. This does not keep them from using every means available to deny the LGBT community their Constitutionally protected civil rights – and make no mistake about it – you are correct, Josh that this is, above all a civil rights case.
Without a doubt, the upcoming election in November is of historical importance. It behooves the Liberal base to rock the vote in November, to protect the rights of women, minorities and to gain the civil rights of the LGBT community. The louder a candidate proclaims his Christianity, the faster we should RUN, not walk in the opposite direction. Civil rights are for every American, not just the rich, white, heterosexual few. The Revolution Will Not Be Televised.
I’m with you.
Your comment: “If the majority wanted to keep marriage strictly as a religious institution, then so it should be, albeit with the understanding that a marriage has no legal merit. Marriage would simply become a union of one man and one woman under God.”
I like that except who’s to say God doesn’t recognize marriage between gay couples? Not all religious people are opposed to gay marriage and many religious leaders believe gay marriage should be recognized.
So maybe the answer is religious marriage on a church-by-church basis. Everybody gets the same benefits of unions, and then each church decides which unions they want to bless with their own marriage ceremony.
All very true, and well put. I agree completely. People have been twisting the constitution and laws around to fit their personal issues for too long.
I love this whole post so much. I really hope I’m alive long enough to see this country let anyone marry whoever they want.