Wednesday, May 23, 2012

Even Equality Foes Admit Constitutionality of Equality

Lorenzo wrote on his blog about constitutional law and the same-gender and polygamous freedoms to marry. Lorenzo objects to marriage equality on religious grounds, but admits that the US constitution supports both the same-gender freedom to marry and the polygamous freedom to marry. His "solution" to this "problem" is...
to simply take government out of the marriage business.  Yes, it’s a business.  I would then restore those powers to the various religious organizations.  At this point, if a Church refuses to participate in SSM or polygamy, it is their right as a private religious group to do so.
But he doesn't define what would qualify as a "religious organization" when it comes to being able to execute those powers, nor how or if government programs and employers would determine spousal benefits and rights, how hospitals and other organizations would determine next of kin, etc. I know many people say "get government out of marriage," but if that is done, equality and rights must still be addressed. Whatever happens, we can't accept that some people are treated as second class citizens because of their love for each other, or their status (or lack of it) with a religious organization.

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