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Saturday, March 06, 2004

"Gay Marriage"

In terms of the debate on "gay marriage" (an oxymoronic term) recently I'll have to admit that I've been somewhat demoralized. I fail to see how a government and society that attempts to derive its authority without reference to a supreme being or historical precedent can logically conclude that two (or more) consenting persons cannot "marry". Like night follows day it is axiomatic that groups of consenting persons shoud be able to "marry" for any reason whatsoever in this brave new world. This includes for the purpose of mutual financial benefit, caring for an elderly parent, and general polygamy among myriads of other arrangements you can dream up. I'm afraid that without respect for the ideals on which the country was founded, anything goes.

I was encouraged, however, by two recent columns by conservatives that note that Congress does have the power to limit the Supreme Court from ruling on certain classes of cases by appealing to Article III, Section 2 of the Constitution which says:

"...the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."

Given conservative dominance in Washington and the majority who voted for the Defense of Marriage Act (DOMA) it is just possible that legislation forbidding the court to rule on such cases might pass. However, the weakness of Congress has what has led to the current situation where the country is ruled by nine unelected people and so I doubt that this avenue will be tried. However, other solutions such as impeaching judges and passing a constitutional amendment seem to me to be much less likely. One thing is sure, without something being done the road ahead is a foregone conclusion.

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