Same Sex Marriage May be Legal Under Constitutional Law


Gay marriage and polygamy may very well be an equally protected right under the United States Constitution.  I know, at first glance when reading my statement, it may sound a bit outlandish, but not if you’ve studied the constitution. Personally I believe in God and do the best I can to better myself each day, for I am an imperfect being.  I’m quite familiar with what the Bible says in regards to many things including homosexuality.  That being said, when it comes to same sex marriage and polygamy, I’m indifferent.  As it pertains to any act of oppression I generally take a pro-liberty stance.  Under our constitution, American citizens are all guaranteed equal rights protection from the Bill of Rights, as they serve to protect birthrights endowed unto us by our creator.  So let’s dig deeper into this hotly debated issue, shall we?

Once upon a time, during the biblical ages, marriage was revered.  It was a covenant between 1 man and 1 woman overseen by God.  Therefore, when couples exchanged vows in the presence of witnesses before God, they not only took these vows of faith and commitment much more seriously, but also the covenant of marriage itself.  When the two married, the flesh was to come together as one.  The husband would have declared dominion over his wife’s body, and she over his. (Sounds like this covenant would solve the age old abortion issue. Hmm) Of course, because man is fallible, no marriage was perfect.  Surely, the temptation of infidelity and various other vices were in existence that challenged marriages as well.  However, one thing is for sure.  Marriage was solely between one man and one woman.  Getting divorced for frivolous reasons was unacceptable.  In fact, for couples who were experiencing hard times within their marriages, there is a written guide within the Bible of steps to take to help resolve marital strife peacefully.

So now we flash forward through contemporary history.  As it currently stands, the ‘institution of marriage’ is collapsing in shambles.  We live in an age where the institution of marriage is taken so lightly, the concept has been mocked in reality shows. We’re witnessing celebrity couples get married and divorced from anywhere between 72 hours-90 days, from the time they tie the knot.  Respect for marriage has lowered such a great deal, that the divorce rate in America is approaching the 50% mark.  All that aside, there are now protestors from various groups seeking to have a right to partake of the institution of marriage.  Primarily, the 2 main groups who are seeking out these rights would be the gay/lesbian community, and various polygamist communities.  As a method of defense, there are several religious groups and politicians in America who seek to deny these individuals their right to join the much sought after institution of marriage.  Some are so passionate about protecting marriage, that they are seriously considering amending the U.S. Constitution to ban gay marriage on an overall federal level.  This is ironic, considering it would violate 10th amendment rights.  In fact, polygamy was already banned in the U.S.A. by 1862.  This was a direct attack on the Latter Day Saints Church (Mormons) and their practice of plural marriage.  Shortly after the practice of polygamy was banned in 1862, the president of the LDS Church claimed to have received a message from God that polygamy was now wrong and no longer part of God’s essential plan, nor his wishes. Hmm… how convenient, but that’s a different story for a different day.

Let’s ask ourselves this question.  Is polygamy and gay marriage already legal under the laws of the U.S. Constitution? Moreover, the Bill of Rights?  Now pause for just a moment.  Let’s assess what has been covered so far as we process a couple of terms and place them in the proper perspective.  Essentially, what we have here is a direct violation of both the 1st and 10th amendments.  In this case, the 1st Amendment would be applicable to protect and preserve one’s freedom of religious observation.  Therefore, the LDS church has rights under the 1st Amendment to continue marriage [polygamy] as they see fit.  Under the 10th Amendment, the states have the right not to be oppressed by federal laws and mandates.  Unfortunately the Utah residents, which were primarily Mormons at this time, wanted to become a state so badly, it is speculated that they changed a doctrine of their own religious beliefs just to become part of the union. 

Summing this all up, I’ll close with one of the most important aspects of the same sex marriage debate…”should it be legal or illegal?” By referencing paragraphs 2 & 3, there is a very clear contrast that I’ve yet to hear anyone ever address.  The sad thing is that it’s in plain sight, for all to see.  It always has been.  Even worse, this would indicate that the U.S. government has once again violated our Bill of Rights.  In paragraph 2, marriage as a religious/spiritual union of the flesh is ordained by God.  In paragraph 3, marriage is recognized as a government institution.  This is something our young country kept in place from it’s former oppressors in Europe, along with various other pagan customs.  There you have it.  Within the covenant of God, it was He who declared marriage is between one man and one woman.  Though the concept of marriage predates the Bible, the practice was used in a completely different way under God’s hand.  The institution of marriage is merely a contract between you, your spouse, and the government. That’s it. There is no spiritual foundation to grow, learn, or thrive from. So why take it seriously?  There is no compassionate creator their to help you through difficult times of marital strife.  Commercially, there are therapists out there who offer marriage counseling, of course.  That counseling would cost you some money, but it’s there, yet it’s no where near the same as seeking guidance from a higher power. It is from within the realm of the institution of marriage, that ‘marriage’ has been exploited most within the confines of contemporary history.

In closing, the government took away the powerful meaning behind ‘marriage’ by taking this beautiful tradition of 2 souls merging together on a long journey, out of God’s hands of grace.  What was once seen and known by mainstream masses of the U.S. population as a revered covenant of God’s handy work is now seen as just a piece of paper.  Just another contract to sign and grab tax benefits.  To give one the ability to visit their spouse in the hospital with no hassles.  The list of ‘perks’ to be married, licensed by the state, goes on and on.  What was once a holy union between a man and woman who would do their best to make things work through the toughest times and the best of times has now been reduced to petty divorces and frequent adultery from both men and women.  As a direct result, the breakdown of society has been accelerated significantly.  That being said, the government has once again violated 1st Amendment rights of all Americans.  If you don’t have a license to be married, which of course has a fee attached to it, your marriage won’t be recognized by the state.  Is the government saying your religious beliefs mean nothing, therefore your being married by your local clergy has no value? Are they saying God has no value?  As you let that marinate, you’d have no choice but to come to the conclusion that both polygamists and the homosexual community have the legal, right to marry.

Considering we reside in a country comprised on separation of church and state principals; marriage is now just an institution of industrialized government.  Thus, the government has no ground to stand on less they commit a blatant act of discrimination, much like President Abraham Lincoln did to the LDS Church when he signed the Anti-polygamy ACT in 1862.  President Lincoln is by far one of my favorite Presidents in history, however on this issue, he was wrong.  To this very day, do you realize that the only reason none of us are allowed to acquire multiple wives/husbands is due to the fact that congress, the senate, and a former President infringed on a religious groups ‘Bill of Rights.’  1st Amendment rights of religious practice and observation, yes?  Think about it!  My simple solution to all this ‘controlled chaos’ would be 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.  Meanwhile, While you’re doing that, I’m gonna go grab a Pepsi.  Hey, it’s Saturday night and after all, I’m still a bachelor. 😉

A Valente Journal,

-Lorenzo

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One Response to Same Sex Marriage May be Legal Under Constitutional Law

  1. silver price says:

    Commenter: bob the phenomenologistactually i would like to propose a question : why not get rid of marriage altogether? seriously. the government should not be in the business of validating religious rites and rituals. the government should be in the business of protecting and guaranteeing rights. the so-called “traditional” notion of marriage is based in religious practices and archaic rites. the government is separate from the church, is it not? so, why not extend civil unions to everyone, with all the political, social, economic rights currently associated with marriage, and leave the rite of marriage to the churches. the government can recognize all civil unions equally, and if a couple, any couple, also wants to go through the ritual of marriage, they can do it in their church, if their church allows it (and if it doesn’t, well, that’s church-business, not state-business). everyone is then equally subjected to the procedural order and equally protected by the state, and the ritual practices can (and should) remain a private matter. so, what’s wrong with that? why can’t that be achieved in america, as it has been in a growing number of european countries ?

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