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Government: Get the Hell Out of the Marriage Business
Government: Get the Hell Our of the Marriage Business

It was six years ago I came to the same conclusion Douglas W. Kmiec and Shelley Ross Saxer - two law school professors at Pepperdine Law School - recently came to in a San Francisco Chronicle article that was picked up by Time. Conclusion: the government needs to get the hell out of the marriage business.

The truth of the matter is that marriage licenses weren't required until the early 1900s in (successful?) attempts to keep black people from marrying white people. It wasn't until Loving v. Virginia in 1967 where the Supreme Court ruled this unconstitutional - but unfortunately the government's authority of marriages stuck around.

I have said it before but the government should only have two roles: 1.) protect us from others - including things like physical harm (murder, rape, etc...) and all other forms of harm (financial laws, contract disputes, etc...) - 2.) do that only which the government can do (build highways, defend the country, etc...).

Sanctioning marriage does not fall into either of those categories.

I am sure someone right now is saying, "ohh but won't someone PLEASE think of the children." And while I would like to say no, frankly, I am sick of thinking about the children, I also realize that isn't going to convince anyone who does "think of the children" of anything. So here's another approach.

I don't think growing up with a mom as a stripper is particularly healthy. I am sure there are some great stripper moms out there, but on the whole, I am going to say that strippers usually do not make good mothers. However, there is nothing illegal about stripping - despite it's questionable morality - thus there is no reason for the government to intervene.

If we take the "think of the children" philosophy of governance, why not make it illegal for strippers to have kids? Or pornographers? Or casino owners? Or politicians? Or anyone else with "questionable" morality.

Likewise, it makes absolutely no moral, legal or logical sense to continue the racist-roots of the Government being involved in the marriage business.

If the government wants to make it easier on families for tax purposes or if they want a method of finding census data, fine, have civil unions for all. All the same benefits - regardless if it is heterosexual or homosexual relationships. There is no second class tier system where the government gives heterosexuals "marriages" and homosexuals "civil unions." In the governments eyes, we are the same.

Let religious organizations hold on to their traditions and vernacular like they have had for thousands of years. Nobody needs to redefine any terms. Marriage becomes a religious ceremony like baptism.

Think how much less contentious this society would be if we could come to that agreement. Conservatives/Religious folks compromising on detheocritizing an already detheocritized government, and Liberals/Gays compromising and letting religions keep their tradition.

No more fighting. No more constant hatred by both parties. We become like most other groups in society where everyone's rights are protected, and we agree to disagree.

Then all we would have to dispute is abortion.
Comments
Justin
Monday, March 23, 2009 04:02:52 PM    Quote Selection | Permalink
Gravatar.com Although I don't necessarily agree with how you construct your case, I wholeheartedly agree with the conclusion: "The government needs to get the hell out of the marriage business."


Erik
Monday, March 23, 2009 06:44:14 PM    Quote Selection | Permalink
Gravatar.com


Pat Rowland
Tuesday, April 7, 2009 04:16:18 PM    Quote Selection | Permalink
Gravatar.com I'm curious, do you think this raises the significance of the marriage relationship or lower it? Obviously, half the marriages end in divorce, less people are marrying today then they did years ago (don't know the actual stats). However, I don't know that it means we need to close down the whole thing. I think we need to focus our efforts and $$ on creating healthy families. When you see an missed up kid, you don't have to look to far to see the reasons why, the parents are a pretty good indication. Regulation may not be the solution, but neither is washing our hands of everything.


Andy Borgmann
Tuesday, April 7, 2009 05:33:46 PM    Quote Selection | Permalink
Gravatar.com
Pat Rowland said in comment # 3...'m curious, do you think this raises the significance of the marriage relationship or lower it?
I think it raises it to be honest.

Everything the government touches reduces the value. Think about it. What if the state started giving our baptism certificates? Or if the feds were in charge of ordaining pastors?

I'll agree with you on increasing healthy families, but I think the government's involvement is at best neutral on this and probably more likely impeding it.


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Description
Andy's blog aims to be like a Scrubs episode, mixed with a Chuck Klosterman column, centered around the topic of faith. It is open, honest, raw, and a little embarrassing. It is a place to discuss religion, politics, ministry, pop culture, and well, just life - especially focused on the time of life we call our 20s!

Andy is the Executive Producer of The Allen Hunt Show; a progressive (in the literal sense), talk radio show based in Atlanta, GA aimed at bringing faith back into the public discussion. Andy enjoys travel, aviation, web design, politics, friends, and faith. He holds that the secret to a full life is loving God and loving people - which he fails at constantly.

Andy grew up in Fort Wayne, IN. He now lives in Alpharetta, GA.

More information about Andy can be found at www.2timothy42.org or Andy's Facebook.

P.S. As has been mentioned on air, Andy is horrible at grammar and spelling. Please excuse any mistakes, trust me, he's sorry.



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