emilynghiem
Constitutionalist / Universalist
There is clearly, according to SCOTUS, no leap of faith about marriage equality and civil rights.
That's decided and over for a growing majority of Americans. To overturn it by amendment in this environment would be almost impossible.
You are not discriminated in what you believe and what you can do, and you will not be allowed to discriminate against others. Neither marriage nor abortion are private matters is the point. As long as government is involved, all have to be treated the same.
If public accommodation laws in a state tell a baker he has to offer equal public access, the baker needs to make it public what he will bake and what he will not. He can bake a cake and frosting it. He can say all customers have to decorate it after that on their own.
Dear JakeStarkey
The judges on the court are humans, too.
If they impose their beliefs, that is still a leap of faith that
not everyone believes either!
To explain in parallel,
it can equally be shown that Bush's plan to use military action in Iraq
was equally "faith based" and people contested that on several grounds
* 1. one, it was not "proven to everyone" about the WMD and the
association with Iraq/Saddam Hussein and the 9/11 terrorist attacks
* 2, two, where was the proven national identity of the attackers (they didn't come from a recognized nation with both declaring war formally back and forth) and where was due process for the Iraqi civilians who DID suffer the collective and collateral punishment?
So even if the INTENT was not to make war or enemies between the US
and the Iraqi people, THAT'S who suffered, and who paid for the war.
All that can be argued as FAITH BASED and NOT based on proper democratic
process and laws to ensure rules of engagement are followed.
* 3, three, the enforcement of UN resolutions and processes can
ALSO be argued as outside the Constitutional limits and authority of US govt
and US taxpayers. I looked up this process, and it was not specifically agreed and voted upon that the consequence of not following the inspection procedures
"automatically authorized military action" -- that was ANOTHER leap of faith.
So the same way, JakeStarkey, it can be argued that an ADDITIONAL
Constitutional Amendment is needed in order to vote on by states the
* right to marriage added to Constitutional rights
* right to health care
instead of declaring and creating this unilaterally by judicial ruling
or making laws through courts,
this goes through LEGISLATIVE processes.
As with the issue with the Iraq decision, and arguing that a separate vote
was needed first to agree on the next step in the process after the inspections
weren't followed. And/or arguing that collective punishment of the Iraqi people
by association of Saddam Hussein with either 9/11 terrorists OR the inspections for WMD didn't follow Constitutional procedures of federal govt either.
So for Bush to declare these things, was like invoking divine law and authority
and was not given by human govt and democratic authority, if you look at it that way.
Both Bush and Obama can and have been argued as overreaching beyond
the limits and authority of federal govt, and acting on "higher" authority.
So there is no real "separation of church and state" if we are still expecting
leaders to invoke divine right to rule and make decisions outside the legal limits.
The Justices on the Supreme Court can equally be argued as
violating Amendment One by establishing a belief by policies that
discirminate on the basis of creed.
JakeStarkey just because you and I may AGREE with those beliefs
doesn't change the fact these are CREEDS and are not supposed to
be mandated by Govt.
When Govt endorsed slavery and defended property laws as legal,
that didn't change the fact this was still violating equal civil rights.
Govt endorsement does not mean it is automatically constitutional
but the vice versa, laws must be constitutional for them to carry
the weight of govt authority. Otherwise it is religious factions abusing
govt to impose their AGENDA. With political beliefs where one side or
the other is at stake, it makes sense to form a CONSENSUS so both
sides are treated equally.
We haven't done that here, and the Supreme Court also failed to make
consensus decisions and split the votes in half. So the beliefs that are
favored by govt get unconstitutionally endorsed at the expense of the
other creeds discriminated against. Whether we personally agree or
disagree with the CONTENT, these are still BELIEFS.
When we organize leaders and parties to RECOGNIZE and agree to
RESPECT each other's beliefs, we can quit abusing govt to impose back and forth.
People make "faith based" decisions all the time, and that doesn't mean it's right or final.
Where beliefs are involved, like with the right to life, people will not stop fighting until the
laws are changed that otherwise infringe on their equal protections.
So these conflicts over gay marriage will also continue until an agreement is reached
that satisfies the people on both sides. They will keep fighting for what they believe,
which is why these things don't belong in Govt. Part of the wisdom behind the 1st Amendment.
What's wrong is parties exploiting the system to push votes based on faith issues that don't really belong in federal hands. These "faith based" decisions are still in violation of the
equal civil rights of citizens who don't share those beliefs -- it may not be the INTENT
to impose on businesses and individuals, but that is the unintended consequence.
I pointed out why not follow an agreement for people to sign agreeing NOT to do business together if this is going to involving clashing beliefs? That would cover all issues
of how to handle religious reference or exercise.
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