backstroke48
Joined: Nov 02, 2009
Location: Chesterfield, VA
Posts: 76
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love2learn,
Thanks for your reply. You bring up a good point.
I actually am pro gay marriage. I also agree that it is a civil rights
issue. My point in saying that is was a social matter is that the
national government doesn't have the right to regulate it based on the
current Constitution. If the federal government wants to say gay
marriage is legal, I think they need to make an amendment.
You might say that if the Civil Rights Act was constitutional, why
wouldn't a gay marriage law be legal? The answer in my opinion lies in
the justification of the Civil Rights Act.
The constitution only expands federal power in a few clauses. One of
them is the Commerce Clause, which states that the federal government
has the right to regulate any interstate commerce. However, in the
Supreme Court case Gibbons v Ogden (1824), the court of John Marshall
took a very general view of the Commerce Clause. He basically said that
if a matter had any affect at all on interstate commerce, the federal
government can regulate it.
The Civil Rights Act was just because if, for example, an African
American was denied employment due to his/her race, the economy was
affected.
My question is how Gay Rights is a commerce issue. I honestly don't
think it is, and any link that someone comes up with is probably going
to be a stretch (although if you can think of one I will consider it). I
believe in the Constitution because it is the absolute foundation of our
government and it cannot be contradicted. If gay marriage is to be
legalized nationally as a civil rights issue, it needs to be in the form
of an amendment, just like the 14th, 15th, and 16th amendment.
If an amendment is impractical the problem needs to be approached a
different way. We’d have to amend the way people see the issue.
That would require a movement and a leader, just like the Civil Rights
Movement. Before that time, the injustice towards blacks was not
recognized by congress or the majority of American people as a civil
rights issue. But after the movement it certainly was, and action was taken.
I hope this clears up my position on the issue, and my reason for saying
that gay marriage is a social issue. I meant that purely in
constitutional terms.
As for you, eyeswideshut, if you find that taking an angry,
disrespectful, insulting, and immature approach works better to prove
your point, go right ahead. I'll stick to presenting facts to back up my points.
Thanks for listening,
backstroke48