I saw the last post before mine (well, it was when I started writing), and I just thought "ohhh, this is going to be fun". More anon.
Well I'm not homophobic. And I'm in favour of same sex marriage.
But I still think it was the wrong decision.
Because it is a matter of constitutional law. And traditionally (since 1776) marriage has been in power and prerogative of the 50 States, not the Feds. The Federal government has specific and limited powers, and in my view they, if you actually read the American Constitution, those powers do not extend to family law.
So it was a wrong decision, and as the dissent wrote, overreaching, and abuse of power. What should be happening (better have already happened) is that the 50 states each, individually, pass laws to permit same sex marriage. The fact that you like the effect of the Federal decision does not stop it from being an improper decision, an abuse of power.
The problem with that is twofold. First off, people's rights should not be subjected to a public vote, or even to a political vote. Secondly, the idea that something as fundamental as marriage is different in different states is a bit ridiculous. One of the plaintiffs in the case was someone who got married in New York, but they were deployed to Tennessee, and as far as Tennessee was concerned, they were not married. Whether you're married to someone shouldn't change just because you cross a border. Just imagine if that were the case in the UK - on a train trip from London to Bristol you go through London (five boroughs no less), Buckinghamshire, Slough, Buckinghamshire again, Windsor & Maidenhead, Wokingham, Reading, West Berkshire, Oxfordshire, Swindon, Wiltshire, Bath & North East Somerset and finally Bristol. We'd rightly see each having a different marriage law as ridiculous.
It doesn't really affect my day to day life one way or another, I just think the whole concept of marriage has been devalued over the years and this is probably the final nail in the coffin.
Obviously you're entitled to your opinion but that doesn't make you right and Northern Ireland wrong.
You're quite right in saying that marriage has been "devalued", and it must surprise you then that, after Britney Spears's 24-hour marriage, gay people still want to join in!
There's been a lot of media and policy help in trying to change peoples opinion on this matter. What's the next to ask for marriage?
Bother and Sister?? Three Person Mariages?? Pets?,
Marriage is not just about a group in love.
I know married couples who hate each other and non-married ones in love.
It's a traditional bonding and if it's altered with it's not traditional.
Religion is important on this matter, to say it isn't is just wrong.
It seams that this matter has put many in trouble solely because of their religious beliefs.
Made up nonsensicsl terms like "Homophobic" (homo = man, phobic = scared of) are used to stop people expressing their view.
But regardless of all that, the US government forcing all states to accept this law is undemocratic for the states involved.
OK, first to pick up on your "homo = man" thing. In this case the homo means "same", as in homogenous, and is really a shortening of homosexualphobic.
Marriage is traditional, yes. But that doesn't mean it hasn't changed. You should probably read
this Vox.com article, but to summarise:
- Distant past - Marriage = one Man and many women, arranged by parents, of same race, for the purposes of child-bearing
- 18th century - Marriage = one Man and one woman, who marry for love, of same race, for the purposes of child-rearing
- 1920 - Marriage = one Man and one woman, of the same race, who marry for love and child-rearing, who can have sex before marriage
- 1950s - Marriage = one Man and one woman, of the same race, who marry for love, who can have sex before marriage, who may or may not have children
- 1967 - Marriage = one Man and one woman, who marry for love, who may or may not have children
- 1970s on - Marriage = one Man and one Woman (man no longer has dominion over wife), who marry for love, who may or may not have children
- Now - Marriage = two People, who marry for love and may or may not have children
Marriage has changed massively over the years (I didn't include the rights to marry if you're divorced), and it was probably the end of it being a necessarily patriarchal thing that allowed equal marriage.
Religion is not important in this matter. That may be surprising, but it's quite true. Marriage may to some be "in the eyes of god", but it has always been primarily about the transfer of wealth and power. In the past when a man and a woman married, the woman effectively moved from being the property of her father to being the property of her husband. Nowadays we're more egalitarian, but marriage is still the merger of two people into one. We allow tax returns to be filed jointly, we create all sorts of tax subsidies for married couples which two single people do not get. Marriage, in the government's eyes, is a business transaction, and when religion is removed from the equation there is no reason that two people who want to be married shouldn't be (more anon).
Don't get me wrong, religion has its place in marriage, and churches are free to bless or not bless unions as they so wish. However, the first amendment of the US constitution is quite clear that "
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.... I think we can all agree that that is a good thing. However the law as was
did not pass this test, because there were churches (or other religious groups) which wanted to allow same-sex marriages, but were prevented from doing so by the law. What the law did was privilege religions which were against same-sex marriage. If a law does abridge a religious freedom, then it needs a "compelling reason" to do so (eg no it doesn't matter that your religion says murder all the Elvis impersonators, that's murder, you're not allowed to do it). There was no compelling reason to prohibit equal marriage.
Let me now return to your point that
...the US government forcing all states to accept this law is undemocratic for the states involved. Yes and no. America is not a democracy, it's a republic (there are no
true democracies, because once you go beyond about five people having everyone vote on every matter is unweildy). As such there are laws and procedures that govern it - two which are relevant are representation and supremacy. Representation is pretty obvious - your district/state/country elects representatives for various forms of government (state, local, congressional, presidential). Then supremacy comes into play - if the law of the country says X but state law says not X, the law is X. Generally the country avoids such situations by only allowing states limited powers. The supreme court is not elected, but they are picked by presidents who are. The laws of the country then say that the word of the court is the law, and so if they decide not X, not X is true throughout the land any any law which says X is invalid. It's not direct democracy, but minority rights should not be at the whim of the majority. I think more people dislike marmite than like it, but if the majority were able to say "I don't like marmite therefore it is now banned", that would be pretty ****ty.
Now, the fun part...
There's been a lot of media and policy help in trying to change peoples opinion on this matter. What's the next to ask for marriage? Bother and Sister?? Three Person Mariages?? Pets?
First off, no pets. I think one thing we can all agree on is that marriages are between people who are intellectually capable of consenting to it. Animals are not capable of consenting, therefore you cannot marry your chihuahua.
Beyond that, I generally say "why not?" As I explained above, marriage is a legal contract, nothing more, and if people want to enter in to such a contract of their own free will, why shouldn't they? For incest, the general reason given is to avoid birth defects, but a single generation of incest is unlikely to cause any issues, and furthermore we know from the equal marriage debate that child-rearing is not a required part of marriage, so this is a non-issue. Polyamory? I'm all in favour of it. Loving relationships between three or more people exist, why should we say they're not allowed to marry? One reason people give is that multiple marriages often means one man and many subservient wives, but I think that if we keep the whole "consent of their own free will, not under duress" thing in mind that is easily overcome. Poly rights is probably worth a topic on its own.
Frankly, most objections to marriage being more inclusive come down to the "ick factor", or the "
I don't like it so it should be banned" topic. People thought marriage between people of different races was disgusting, so they banned it. People thought that marriage between two people of the same sex was disgusting, so they banned it. Of all people, I will end this section by quoting Miley Cyrus.
Miley Cyrus said:
I am literally open to every single thing that is consenting and doesn't involve an animal and everyone is of age. Everything that's legal, I'm down with. Yo, I'm down with any adult -- anyone over the age of 18 who is down to love me. I don't relate to being boy or girl, and I don't have to have my partner relate to boy or girl.
(Link NSFW:
http://www.papermag.com/2015/06/miley_cyrus_happy_hippie_foundation.php)
Some final thoughts:
I think that there are three big fights still to win for LGBTQI(alphabet) people to win, legally:
- The first is the right to not be discriminated against. We've won on marriage equality, but in many (I think most) US states it is still legal to fire someone just because they're gay, and states are moving the wrong way on this, passing laws which forbid cities from passing anti-discrimination laws.
- The second is trans and queer rights. This is trickier, because for this to be fully implemented it means an end to patriarchy and the gender binary. It means acknowledging that people (like Miley!) may not identify as being either male or female, and that people may identify as a gender which is different to their sex. This is going to be difficult for a lot of people, because it's something not many people experience. You are born, and, for 99.999% of people, you have a penis xor a vagina. That is your sex. Your gender is your mental view of yourself, and this may not align to your sex. People who want to change from one to the other, or be identified as neither, are pretty rare, and so many people may never meet someone like that. But the past few years have been good - we've had the entry onto the public consciousness of trans people like Laverne Cox, and that helps take public perception of trans people away from drag queens. Miley is also helpful as identifying as neither male nor female.
- After all that I think will come poly rights, that is rights for people who form loving relationships of more than two people, or who simply have more than one love in their life (eg A and B are in love, as are B and C, but A is not in love with C). This I think will be hardest because it's the biggest departure from "normal", and there are no role models for it. But I hope it will come in the not too distant future, as we should all be open to love in its many and varied forms.