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Wednesday, July 6, 2011

Some free advice for the American Family Association

I was at a meeting this week for the "center-right" coalition, a meeting that bills itself as for limited government people, but is, like all these meetings, shot through with the usual tensions: Ron Paul non-interventionists vs supporters of America as world policeman via empire (as opposed to SWAT team); libertarians vs social conservatives; even GOProud and Log Cabin Republican staffers who rarely speak to each other (and that's a video we need to make -- at a CPAC convention a Log Cabin 'mo gets the wrong hotel key and puts his luggage away and hops in the shower...then a GOProud staffer enters what he thinks is his room....cue bad jazz music...wonka wonka wonka....).

This week an...interesting...Focus on the Family guy who is always at these types of meetings in DC told everyone how gay marriage has never survived or been enacted on a ballot by the public (I doubt many of the Bill of Rights have either) and went on to list how many states have outlawed gay marriage via their constitutions (29?), or by law (12?) etc etc. Of course, it looks like all the states with the most people in them, especially the most gay people, are going to end up with gay marriage. So I am not sure the FoFie isn't losing instead of winning.

As I noted in a post before ("Gay Marriage vs the Department of Motor Vehicles"), the form of gay marriage we are getting is government licensed (and government regulated) gay marriage. Not freedom for all to make any contract (including marriage contracts) they wish, based on the idea that the Constitution has a substantive "liberty interest," a Constitutional law concept that would make gay marriage legal and wipe out most statist interventions. The libertarian approach is the decriminalization of gay marriage and the privatization of all marriage.  (See Bradley Smith's comments on gay marriage, liberty, and the Constitution at http://www.cato.org/multimedia/search.php?q=bradley+smith&s=&sname=&col=en-all-pod_cato-ep)

Now the result of government licensed and regulated gay marriage is, tautologically, that the government will regulate marriage and everything related to it, but now the State power will also be wielded over gays.  Already the major gay lobbies are opposing a Rhode Island gay marriage bill because it exempts religious institutions from being coerced to provide gay weddings (see http://www.queerty.com/why-is-the-hrc-making-a-big-stink-over-rhode-islands-new-civil-unions-bill-20110630/)

One result will be that the fascist-lite apparatchiks of the organized gay lobbies, or freelance independent contractors like the gay lawyer who sued E-Harmony (for excluding gays -- even though the marketplace of gay dating and sex websites outnumbers those for heterosexuals, and most of those for heterosexuals, from J-Date to Ashley Madison to Match.com allow gays), will start suing churches and dating services and matchmakers and dress makers and cake bakers and adoption agencies if they only serve straights (which will then provoke suits against entrepreneurs and clergy that mainly serve gays).

So I am giving my personal permission to the American Family Association and Focus on the Family and all the other homophobes to smack the gay statists back. They want State regulated marriage so give it to them. Pass a law that anyone, straight or gay, who wants to get married before 21 must have their parents permission (or be pregnant). Pass a law that no one (straight or gay) can marry a foreigner in an American, state licensed, civil wedding, unless the foreign spouse is a resident alien with a green card and a taxpayer ID number.  

You get the idea. Every time the gay establishment sues, telling someone their property is not theirs and they must give it up for a wedding reception, every time they sue and tell someone they are a slave and must perform weddings or help with adoptions for any family or couple including families and couples they do not favor, regulate them back. Find a new way to regulate state-sanctioned marriages, regulations that will be one-size-fits-all for both straights and gays and will therefore by necessity impact gays negatively, since gays and straights are not the same (both in reality and under the interventionist Federal laws (on immigration, Social Security, etc. etc.) which many gay activists favor (except when they harm them).

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Because they have read the fine print.
The Rhode Island senate passed a new civil unions bill, but gay rights groups like the HRC, Marriage Equality Rhode Island and Think Progress LGBT are asking the governor to veto it. Despite the fact that the bill extends rights to same-sex partners, the HRC is calling it “flawed” because of a religious exemption clause that gives churches the right to deny services to gay couples.
According to the HRC, the bill creates “discriminatory hurdles” for gay partners not necessarily wanting to get married in a church, but for those admitted to a Catholic hospital or employees of a religious university, where partner rights could be denied on the basis of the “religious exemption” clause.
Apparently, not all civil union bills are a step forward. Some are so disoriented that they’ve got us walking backwards without realizing it.
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