Tuesday, July 14, 2015

Regarding Steve King's "Anti-Marriage Equality Resolution". 14 July 2015.

Now that marriage equality is the law of the land, we are seeing a rebellion against equality by those who oppose equal rights. This is to be expected, as people fought interracial marriage after it was legalized. Though 33 percent of Americans do not support marriage equality, an all time high of 61 percent of Americans do support marriage equality.  Steve King, a representative from Iowa, has introduced an Anti-Marriage Equality Resolution and I wanted to look at the historical and Constitutional fallacies that he has seemed to have forgotten or avoided when drafting such legislation.

This is what the bill proposes and I want to look at each one of these statements and how they are inherently wrong and invalid:


  • the traditional definition of marriage is a union between one man and one woman"

Invalid.  This seems to be motivated by religion, but even the Christian religion didn't traditionally define marriage as "one man and one woman". Monogamy wasn’t adopted by the Jewish and Christian faith until around the 7th to the 10th century. The “one man one woman” belief when it comes to marriage didn’t even appear until the 19th and 20th centuries.


  • "the majority opinion in Obergefell unconstitutionally and indefensibly distorts the definition of marriage"

Invalid.  Same Sex Marriage is protected by the 14th Amendment.


  • "the States may refuse to be bound by the holding in Obergefell"

Invalid.  States may not violate the Constitution.  The Supreme Court was established by Article III in 1789 and the Supremacy Clause of the Constitution states that the Constitution is the law of the land.  The Supreme Court interpreted the 14th Amendment as Constitutionally protecting same sex marriages and that interpretation cannot be violated.


  • "the States are not required to license same-sex marriage or recognize same-sex marriages performed in other States"

Invalid.  The Supremacy Clause of the Constitution states that states may not violate the Constitution, and Same Sex Marriage is protected by the 14th Amendment.


  • "individuals, businesses, churches, religious groups, and other faith-based organizations are encouraged, empowered, and protected to exercise their faith without fear of legal or government interference.

Invalid.   If this were allowed, we would still have racially segregated restaurants, as people used "religious beliefs" to justify racial discrimination.  By the government siding with Christians when they discriminate, it violates the First Amendment's Establishment Clause.