Couple of problems I see here.
I love it when someone pops up with the idea that the government cannot, and should not, legislate morality. What else does the government do? The very existence of government thrives on legislating morality.
Let us take an example everyone should be familiar with and see what the government does to legislate morality.
Let us look at how these actually play out in laws we all accept.
- Treason.
- Counterfeiting
- That is a freebie here in the US, but not everywhere. Lots of countries lock you up for speaking out against the government.
- OK, you got me on this one, I cannot think of an example.
- I wonder how long it will be before they start taxing people to put their parents in nursing homes.
- Murder is obvious.
- Adultery is still a crime in most states, especially if you have a vindictive ex.
- Theft, another easy one.
- Perjury
- Tricky one again, but I will toss out privacy as an example here.
Since the government obviously has an interest in legislating morality it becomes a question of which morality gets legislated. All the high sounding arguments to the contrary, every time does anything it negatively impacts someone. What we should strive for is making the government impact as small as possible.
Allowing SSM has a negative impact on a larger percentage of the population than prohibiting it, but blocking it has a greater negative effect because the people who are negatively affected are denied a benefit available to others. The ideal solution to this is to remove government entirely from marriage. This would eliminate taxes and fees that the government collects as a result of recognizing marriages. That is not going to happen at this stage of the game, so we have to do something else.
Civil unions could be legally defined as the equivalent of marriage, and be available to everyone. If people want the legal benefits of marriage they would have to register their civil union with the state, and if they do not, they will not. This would have to be phased in, but it would work, if we were reasonable enough. Again, I do not see this happening because people are too hung up on the word and want marriage.
That means that, eventually, we will allow SSM. It is inevitable, and everyone who can think knows it. That leaves the question of how to get there.
Getting there through the courts is not the right way, and is not the method intended by the founders. Using the courts to force the issue is a progressive tactic, and it is one that rankles the spirit of every American who believes in freedom. It should only come about through voting, or through the actions of our representative government. If this makes me a conservative, then I will gladly accept that label, because this is what is right. It is how we went from slavery to freedom, from women not being able to vote to them running for president.
Progressives want to force their morality down the throats of everyone, then they sit back and claim anyone who opposes their methods is a conservative who wants to impose their morality on everyone. The part that amazes me is that some of them do not even see the hypocrisy of their tactics.