Well we did not have riots over the Gay Marriage issue at
the Supreme Court but we definitely had a lot of activity on both sides of the
issue.
Yes this is a very emotional issue because it combines
religious fervor as well as civil rights fervor; both can get people very excited.
But there is also a “legal” issue and especially a “constitutional”
issue which makes these cases (there are two) very complex.
Does our constitution address the issues of gay marriage?
That would be a NO along with the Bible which does not address the issue
either.
States like California have placed into their state
constitution, a ban against gay marriage or at least a declaration that a
marriage can only be between a man and a woman. Can a state do that
constitutionally?
Is the definition of marriage a prerogative of a state to
make? Should religious beliefs in connection with the definition of marriage
play a role in that definition even though we as a country enforce the
separation of church and state?
The judges on the Supreme Court do not appear that they are
willing to legislate this “social” issue since it does not present a
constitutional challenge but to me, the very fact that states have passed state
constitutional laws involving the issue of gay marriage and the rights of gay
couples, it makes the issue a constitutional issue by simple default; if laws
are passed addressing the issue than the Supreme Court must be involved.
What our constitution does do is protect our individual
rights as outlined in the U.S. Constitution and it is those rights, not definitions
of marriage that play a major role in this issue. Does an individual or a
couple have a “right” to life, liberty and the pursuit of happiness?
I say yes to that question and will watch and read closely
the arguments presented at the Supreme Court.
One question asked by Anthony Scalia showed me that some
judges are really not well versed in this subject.
Scalia asked if children with gay parents are harmed in any
way. The American Academy of Pediatrics (60,000 pediatricians) has issued their
support of same sex marriages and the adoption of children in such marriages.
They said that their support is specifically because 30 years of research has
shown that children of gay parents are no worst off than children of
heterosexual parents.
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