Same-sex Marriage: It’s Going to Be a Long Fight

May 15, 2008 at 6:21 pm (News)

From DrewM. at Ace’s, “BREAKING: California Court Overturns Gay Marriage Ban”.

So, the California Supreme Court made a decision that bolstered same-sex marriage and shot down efforts by more conservative/traditional people to limit marriage to a man and a woman.

Now, I’m not going to get into this issue here, but I do want to point something out.

Some people, particularly on the libertarian side, simply want the State (as in “government”) to simply withdraw from marriage all together. They would like to see marriage as a private contract with no interference from the State. This will equalize couples and singles as well as depriving the major impetus of activists (for and against same-sex marriage) by essentially making it a moot point. If the State has no involvement, why agitate for legislation for or against it?

And I agree. I think that we would benefit ourselves and all of society, present and future, by handing marriage to society, making it a private endeavor, and kicking the State out of the issue.

But there’s a small problem. See, states have been involved in marriage for millennia. Indeed, family law is perhaps one of the oldest forms of law. Society, through states and laws and governments and judges and authorities, have regulated, recognized, and administered marriages since time immemorial. Marriage is so important that almost every single state has had a hand in it.

So, what does this mean? This means that people for and against same-sex marriage are going to be locked in battle for decades. It’s not going to go away.

And the issue cannot be decided definitively because the other side will do everything to challenge whatever has been decided and so things will always remain in flux to some degree.

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2 Comments

  1. NaturallyGay said,

    I support the idea of both same-sex and straight couples entering into civil unions and leaving the concept of “marriage” for society and religion to decide. The government need only to concern itself with the legalities of combining the assets of two lives, medical visitation rights, etc. However, it seems unlikely that this idea will gain any traction. I don’t think that straight couples, particularly religious ones, will want to give up their legally recognized marriages for fear that it will somehow weaken the concept in our society.

    The anti-gay marriage amendment looks like it has a very good chance of being passed this fall anyway. If it does, I would predict that it will put a damper on the whole gay marriage movement nation wide. I hope I am proven wrong.

  2. Abbadon said,

    Equal rights for all takes the piss out of the fight.

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