Follow by Email

Monday, May 19, 2008

Indiana's Gay Marriage Worries

The day after the California Supreme Court usurped the law of the land, Hoosiers began panicking over whether such might occur here as well. Would the California decision create a legal precedent? If it went to the U.S. Supreme Court, would it stand? The people of Indiana are about as socially conservative as any you're likely to find in America. The worrying has begun.

I predict that not only will the decision be rendered null and void in November (by means of a California constitutional amendment), but that it will also be quickly overturned by the U.S. Supreme Court before then. Waiting to opine on this issue could create a great many problems. For example, would marriages that take place in the interim between the court decision and its being overturned be recognized in California? Would such marriages have to be honored in states that do not allow same-sex unions? The only way to avoid such a mess is for the higher courts to order a stay on the decision, and allow time for the case to be argued before the highest court in the land.

Those of us not living in California will still be affected by the decision, just as we were by Roe v. Wade. After all, Roe v. Wade technically only overturned one state's abortion laws. However, the decision created a legal precedent that had to be followed by all states. The lower courts must follow stare decisis, literally "the precedent stands". This means that the decisions of a higher court create a precedent that must be followed by all of the lower ones. Every similar case is therefore bound to be decided the same way. If the U.S. Supreme Court decides that "equal protection under the law" does indeed guarantee same-sex marriage rights, the entire country will be bound to legalize them under Article IV of the Constitution, which mandates that all legal acts in other states be given "full faith and credit" by the rest. In other words, if two women are married in California, Indiana is legally bound to recognize the validity of that union. If this isn't overturned, we're all in a lot of trouble.

We stand on the brink of a massive social upheaval. The entire basis for civilized society, the nuclear family, may soon be given a definition so broad as to prove meaningless. Any married person ought to be outraged, and demonstrate that outrage as vocally as possible. Write to your congressman. Write to your senators. Write to your local newspapers. Harass all involved until they understand full well that we will not permit the basic unit of society, the family, to be denigrated in this way. It is time for the Silent Majority to become the Shouting Majority!

We cannot stand idly by, complaining only amongst ourselves while the culture we know and love is pulled out from beneath us. Certainly those who have caused this dilemma have not made the "progress" they have by being quiet about their opinions.

Here are a few ways to contact those who need to hear our voices...

To write the Supreme Court, send a letter to the following address:

Public Information Officer
Supreme Court of the United States
Washington, DC 20543

Other people to contact:

Your Senator

Your Representative in Congress

The President's Office

Only by actually doing something can we preserve a sane society. As Edmund Burke once said, all it takes for evil to triumph is for good men to do nothing!

No comments:

Post a Comment

What do you think? Please share your opinion...