Homosexuals already have full marriage equality
March 12, 2013
The truth is simple, plain and unmistakable: homosexuals already have full marriage equality in all 50 states. Right now. As we speak. Nobody, absolutely, nobody is denying them the right to marry. Anywhere.
Homosexuals can get married everywhere just like everybody else – to one, adult, non-relative member of the opposite sex. They had that right yesterday, they have it today, and they will have it tomorrow. That's full, absolute equality under the law.
But homosexuals do not want equal rights, because they already have that. No, they want special rights, based exclusively on aberrant sexual behavior. They are in fact pressing for inequality under the law, since they demand a special carve out that is not available to pedophiles and polygamists.
Marriage has never been an unrestricted right in America. You cannot marry a child, you cannot marry one of your own children, you cannot marry your mother, you cannot marry your sister, you cannot marry more than one person at a time (you can ask 19th century Mormons about that) and you cannot marry your goat, although there are people today seriously pressing even for that. You cannot marry a building, even though a brain-addled Seattle woman tried that stunt a couple of years ago.
There is absolutely no constitutional right to sodomy-based marriage, for the simple reason that there is no constitutional right to engage in sodomy. As Antonin Scalia has frequently pointed out, sodomy was a felony offense everywhere in America for the first 255 years of our existence.
The same Founders who crafted the Declaration of Independence and the Constitution also crafted laws against homosexual behavior in their home states. Thomas Jefferson, for instance, wrote a Virginia law that prescribed castration as the punishment for the infamous crime against nature. George Washington literally drummed two soldiers out of the Continental Army after they were caught in flagrante delicto.
Massachusetts state law, which has never been changed (you could look it up), still defines homosexuality as "the detestable and abominable sin of buggery with mankind or beast, which is contrary to the very light of nature."
So, no, there is no objective basis whatsoever to claim that engaging in sodomy or entering into a marriage based on sodomy is a right guaranteed in the Constitution. This is true despite the absurdity of the Supreme Court's Lawrence decision. Just because the Supreme Court has issued a ruling doesn't make it right. You can ask Roger Taney all about that.
The Constitution, in fact, is silent about marriage altogether, meaning that this is an issue for states to decide. The only role the federal government has with regard to marriage is to decide what marriage is for federal purposes, and to protect the 10th Amendment right of each state to decide marriage policy for itself. This is exactly what DOMA does.
Bill Clinton has performed another eye-watering, acrobatic act of political gymnastics by now claiming that the bill he himself signed into law, a bill that passed with overwhelming bipartisan majorities in both houses (only 82 out of 535 members of Congress voted against it), has suddenly and mysteriously, after all these years, become unconstitutional. Hey, Bill, the only way that could happen is if the Constitution has changed since 1996. But it hasn't. It's the same exact Constitution under which you signed this law. It is as constitutional today as it was the moment you signed it into law.
If there is an ounce of constitutional allegiance left in our Supreme Court, DOMA will be upheld with dizzying speed. If there isn't, every state in the Union may soon be required to solemnize marriages based on "detestable and abominable" behavior.
George Washington famously said that "religion (by which he meant Christianity) and morality (by which he meant the Ten Commandments)" are "indispensable supports" of "political prosperity." If the Supreme Court topples these two pillars by legitimizing marriage based on immoral, unnatural and unhealthy behavior, America will have finally and irrevocably cut itself loose from its moorings, and will be destined, like ancient Greece and Rome, to drift rudderless until it sinks to the bottom of the sea.
Bryan Fischer is the host of the daily 'Focal Point' radio talk program on AFR Talk, a division of the American Family Association. 'Focal Point' airs live from 1-3 pm Central Time, and is also simulcast on the AFA Channel, which can be seen on the Sky Angel network.
© Copyright 2013 by Bryan Fischer
URL to column: http://www.renewamerica.com/columns/fischer/130312