My Legalistic Defense of Marriage Equality

(also what I — as a gay man — believe; via a post

(disclaimer: I’m not a lawyer, though maybe I should be? I am gay and actively and vocally across many platforms — you can usually find me @destroy_time — advocating LGBT equality)

So here’s the thing. This message is tailored toward the Midwest particularly. Gay people are here; we’re not going away; we’ve been here since humanity’s existed. If you believe that humans have existed since God created humans, then you have to admit that God created gay humans. Freshman high school logic. But that aside.

The U.S. is a secular state, one that guarantees freedom *for* all religions to do, declare, believe, practice whatever they want in their sphere. The sphere of public law in a secular state does not allow religion any more than a say among many says to the highest court of the land. Therefore, iff a secular state grants certain rights and privileges to one class of citizens (a male and a female entering into a binding contract recognized by the state), the state must either declare that right null and void or grant it to any two individuals willing to enter into said contract. According to the U.S. Constitution, gender does not enter into that equation. The contract stands by virtue of being a mutually-agreed upon contract signed by both consenting parties in the presence of a duly recognized third part.

By that logic (which is correct), the so-called “Defense of Marriage Act” is not only a misnomer but a legal anomaly, as it neither recognizes nor defends the concept of “marriage” under the law. In that light, any refutation of full marital equality of same-gender couples violates both the spirit and the letter of the law as it stands. Either marriage as a legal concept extends to all individuals eligible and willing to enter said binding contract or it extends to none. Gender does not matter.

(edited for clarification at 14.1o CST)

~ by Benji on March 3, 2013.

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