Constitution Takes a Hit in CA

Christians believe that marriage began with Adam and Eve.  Actually, Jews and Muslims follow this same teaching.  Catholics and some Protestant groups have gone as far as making marriage a religious sacrament that endows followers with a measure of saving grace.  It is a sacred religious institution just as much as the Eucharist, baptism in any form, prayer mats, steeples and pulpits.  And until recently, marriage has always legally had the basic definition of between a man and a woman.

Then came the income tax.  Despite 14th amendment guarantees of equal treatment under the law, different people were taxed at different rates based on their income.  This sometimes created tax benefits for married couples, and other times created what is known as the marriage penalty, which will be coming back in full force January 1.  Since one spouse worked and the other often times didn’t, they would be taxed a higher rate than if they filed individually.  Other tax benefits and penalties for married couples included tax treatment of insurance benefits, along with various credits and deductions that have been passed and expired over the years.  The result is that a couple living together without being married under federal law were treated differently than a couple who was legally married.  Marriage became an institution of the state and the state issued marriage licenses.

So where does that leave us with equal protection under the Constitution?  For homosexual couples, this became the backbone for their argument.  Although the Constitution doesn’t mention marriage, homosexual couples have argued that any two consenting adults should have the right to marriage, as long as there is only two of them, they are consenting, and they are adults.  That way, homosexual couples can have the rights to the same tax rates, hospital visitation, insurance benefits and any other benefit for which our current social and tax policy has 14th amendment violations built in.

The rub is that in California, they already had civil unions overcoming every 14th amendment violation. The only difference was that only men and women could get certificates that said “Marriage” on them.  The equivalent argument would be a 50 year old Muslim woman demanding that she be able to have a Bar Mitzvah because of the 14th amendment.  What’s the difference?  Marriage certificates are issued by the state.

Why are marriage certificates issued by the state?  For the same reason old European church-states required infant baptism.  It provided proper tax records while maintaining the traditional religious connotation.  Instead of marriage being between a man a woman and God, it became a state registration along with your drivers license and dog license.  Why can’t states just issue civil unions for everyone and let churches marry whoever they will?  Then God is the judge, not Uncle Sam.

Judge Walker, the openly homosexual judge who overturned California’s voter approved ban, labeled marriage nothing more than a tradition of bigotry.  I wonder when he will decide to rule that salvation must be granted to all Americans under the 14th amendment?  After all, isn’t it bigoted to believe that someone is going to hell?

Judge Walker’s opinion fails to prove that marriage itself, not just civil equality which Californians already had (if they were two consenting adults), must be granted to all combinations of two consenting adults.  Failing to prove this, he then violated the 1st amendment by ordering that the Government establish the definition of the sacred religious practice of marriage, and he violated the 10th amendment as a federal judge by overturning an issue that is clearly not in our nations constitution and is therefore relegated to the states or the people.

If the government cannot protect the sacred religious definition of marriage that has been insanely entrusted to it, then government needs to get out of the marriage business altogether.

1st Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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