Saturday, May 17, 2008

That's so gay.

California. You dont know what youre in for.
Same-sex couples have a constitutional right to marry, the California Supreme Court ruled Thursday....

Given the historic, cultural, symbolic and constitutional significance of the concept of marriage, Chief Justice George wrote, the state cannot limit marriage to opposite-sex couples. The court left open the possibility that the Legislature could use another term to denote state-sanctioned unions so long as that term was used across the board for all couples.

Given the historic, cultural, symbolic and constitutional significance of the concept of marriage, Chief Justice George wrote, the state cannot limit marriage to opposite-sex couples. The court left open the possibility that the Legislature could use another term to denote state-sanctioned unions so long as that term was used across the board for all couples.
Forgetting for a moment that the court overruled the people's decision in a plebiscite in 2000, this ruling, if ratified by the people in another plebiscite, opens a can of worms. Notice: the ruling said that the state cannot limit marriage to opposite-sex couples. The court took away restrictions on a modifier 'opposite-sex'. There is then no reason for a subsequent court, other than whim, to restrict the definition of marriage to 'couples'. Polygamists should move to California. There would be no restrictions, again other than whim, to declare polygamy legal. Why stop there? There would be no legal impediment to somebody marrying their sister, their mother, their brother, their dad. Why should the State deny close relatives the right to marry each other?

3 comments:

grifter said...

its California. that's why it will soon slide into the Pacific Ocean.

cvj said...

Cultural sensibilities aside, there is no reason to keep polygamy illegal among consenting adults. As for incest, there are biological reasons against it.

Jego said...

Agree 100% cvj. Im even not sure about the biological reasons against incest. The hazards of inbreeding only manifest themselves after generations of it; not a one-off thing. But even if there were cultural or biological reasons against polygamy, polyandry, or incest, the California ruling eliminated the legal impediments. They have 3 choices: deny the rights of polygamists, polyandrists, and um, incestists; overturn the ruling and limit it to the erstwhile status quo; or get out of marriage altogether.

I should think the State (any state) should get out of the business of regulating marriage anyway. It's a contract between adults and should be treated like any other contract. It doesnt need state control if there are no laws being broken.