The Right to Bear Gays

That's as creative a title as I could come up with. But it occurred to me today, as I was flipping through a wonderful online version of the U.S. Constitution that I've never heard a good constitutional argument for gay marriage. Not that I, personally, would normally see a need for one, but legally you don't often hear much about the rights of gay people. You hear a lot of rhetoric on both sides.

Naturally, states have the right to determine this and that, except, of course, when limited by the Federal Government. Take a look at Amendment 9:

Amendment 9 - Construction of Constitution. Ratified 12/15/1791.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Naturally, that was superseded by slavery, and with the adoption of Jim Crow laws. In the first case because black people weren't citizens, and in the second because apparently states have the right to deny people whatever they feel appropriate.

Now let's look at another amendment:

Amendment 14 - Citizenship Rights. Ratified 7/9/1868.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I won't break that all down for you, as I assume you're smart enough to get the basics here. A lot of people argue that marriage isn't a right, but it's guaranteed in the simple right of liberty and the fact that no one is denied a right simply through its exclusion from the specific text of the Constitution.

A lot of anti-gay marriage activists say that marriage is a sacred institution. However, what we need to keep in mind that the U.S. Constitution is sacred to most Americans. It guarantees our rights, not our comfort. If your argument is that it's an issue of what God wants, then you're sadly out of line. Separation of church and state exists for that very reason. You have freedom of religion and so does your pastor or cleric or rabbi. They can choose not to marry gays. You can choose not to watch. But, as the constitution clearly states, no one can deny anyone the right to liberty. Without the freedom to marry, liberty fails.

Lastly, I give you the final part of Amendment 14"

5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Let's hope someone realizes that this is what they were voted in to do, rather than bicker and play the politics game. Yeesh, that soapbox had splinters in it.