The Constitutional Case for Same-Sex Marriage

As the Supreme Court will hear oral arguments this week on both Hollingsworth v. Perry - the challenge to California’s Proposition 8, which banned gay marriage in the state - and U.S. v. Windsor - the challenge to the 1996 Defense of Marriage Act (DOMA), which recognized marriage at the federal level as between a man and a woman – state and federal laws effecting marriage equality face their first legal confrontation with the Judicial Branch. Herein I make the constitutional case for marriage equality that respects both individual and religious liberties.

Last week, Senator Rand Paul proposed removing federal recognition of marriage - for everyone – telling Bob Costa at the National Review:

Charity Begins at Home (and Church)

In our society it is almost axiomatic that liberals are charitable and conservatives are greedy and heartless. After all, conservatives are the ones calling for spending cuts to social programs, and tax cuts to stimulate job growth. Liberals are the ones that vociferously object to even the most minute of spending cuts to any type of social program, lest the poor, downtrodden and innocent suffer. Yet, as with so many things, such a conclusion may be accepted with little argument, but has very little basis in fact.

Most of us have seen coverage of the personal tragedies in the aftermath of the historic outbreak of tornadoes across the southeastern United States a few weeks ago, which left more than 300 dead. Footage of the massive tornado that devastated Tuscaloosa and other parts of Alabama are heart wrenching. In my little section of northwest Georgia we received significant damage as well. For the second time in three years my home narrowly escaped the brunt of a tornado’s destructive path, but many of our friends and neighbors were not so lucky.

Two days after the tornados hit I drove through Adairsville and Ringgold and witnessed the awesome force of nature’s fury; billboard frames bent at 90-degree angles, warehouses demolished as if they were made of tin foil and swaths flattened trees that looked like matchsticks. There were huge sections of towns that had essentially vanished. If ever there was a need for government this was it, right?

Charity and Government

On April 15th, I went down to the Georgia state capitol to hang out with about 5000 of my racist friends as we discussed ways to oppress the poor, exploit and denigrate minorities, engage in violent protest and call for the death of President Barack Obama. At least, that is what we were doing according to the media, who reported breathlessly about this violent uprising which stemmed from the hatred of a black president (while conveniently ignoring the fact that the same president could not have been elected without a huge number of white voters casting their ballots for him…maybe white voters did not realize he was black until after the election).

About half an hour before the rally ended I went up to the barricade which police were monitoring, behind which was about a dozen counter-protesters. As I approached they directed their invective at me, calling me a racist, saying I hate the president, saying that because I oppose the health care control law I want poor people to die. The whole time I just smiled and listened.

When they finally calmed down I began to engage in conversation with them. I asked why I was considered a racist just for opposing big government, and pointed out that I had seen dozens of blacks, Hispanics and Asians in the crowd. Were they racists too?

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