Wednesday, May 09, 2012

GOP & Same Sex Marriage

Same sex marriage as a novelty and a civil rights protection just will not disappear for the GOP.  They keep re-creating it as a right wing populist religious issue for vote getting in a civil republic .  This is unfortunate for the senior party regarding American civil rights issues.  The same indistinction and vote grabbing created the Southern GOP vote factor and injured the party of Lincoln on human and property civil right issues as basic as liberty; as is this one

As this is written, Mitt Romney, likely GOP nominee for the Presidency is contemplating and readying a response to President Barak Obama on same sex marriage after the North Carolina populist referendum banning it. 

Whether any two people wish to join a pairing union creating a special legal person of one entirety for legal form is the issue.  That a state should create and make a law  and a religious test of morality, or a religious definition of marriage in the matter, is an establishment of religion; akin to requiring a religious oath and another test for a  civil right, a liberty right.

My preference as Governor Romney knows is for a device styled “sex neutral marriage” which is discussed elsewhere, before, in this blog.  That proposal simply states that any two non-married adults may marry  by state process without any sexual qualification:  that is as to consummation, or procreation, or different sex.  Ironically for the GOP and conservatives, my proposal is the least state intrusive, and least corrosive of liberty.  Liberty of  the individual is the reason we constitutionalize or establish a charter to protect our liberty from the state.

The rights which form the core of  religious choice, including morality variance, and the choice of any religion, are protected to the people of the United States  in any part of it by the 14th Amendment and its due process clause.    The State is not permitted nor required to “bless” any marriage.

The Governor, may recollect his friend GOP Governor Rell of Connecticut’s good traverse of this matter, resulting in a state which adopted the same sex marriage (or legal equivalent) in Connecticut.  Commencing with a Domestic Partnership law, she moved further to a sex-neutral marriage law after learning, that Domestic Partnerships still required litigation to permit next of kin status for the friend or same sex spouse, in emergency medical circumstances.  The utility of the sex neutral marriage form is  obvious, its effect - clement and quick and fair.  Result … non-issue.

It frankly is an idea lsolution to the issue.  No other marriage is cheapened, and the State must in any case, not sustain a moral judgement nor endorse a religion, even in the heterosexual marriage cases.

Should the matter continue, it will be necessary for the State, with Federal leadership, to dis-empower religious marriage, as is done in materially Christian and frequently Roman Catholic nations today – purely to emphasize the secular nature of the legal union.

Should Mitt Romney commit himself to a stance differing from his  friend and former fellow New England Governor, he will forfeit the United States Presidency, and join the votes of reasonable constitutionalists to a populist rabidity in pandering for Southern votes.