With all the talk about the pro’s and con’s about gay marriage I would like to open a discussion regarding what our Constitution says about it.
Does the Constitution forbid gay marriage?
Does the Constitution allow gay marriage?
How can that be?
The answer is actually very simple. As I tried to put forth in my book, “A Charter of Negative Liberties,” the Constitution does not mention marriage. In fact, the Constitution does not discuss any issues concerning morality. The Constitution and therefore the federal government is not allowed to have an opinion on gay marriage and when Congress passed the Defense of Marriage Act it was UNCONSTITUTIONAL.
As I wrote in my book:
“The Constitution does not say it is against the law to rob a bank. The Constitution does not say it is against the law to murder your neighbor. The Constitution does not say it is against the law to sell or use drugs. It does not say anyone has to believe in God or be a Christian. It does not say anything about marriage, nor does the Bill of Rights.
The Bill of Rights does not say these things because these are moral issues, and the Bill of Rights was not written to address moral issues. The Bill of Rights was written to address political freedom for the people and to set limits of power for a federal government. I cannot stress enough that the Constitution and the Bill of Rights are political documents, not a moral ones.
Moral issues are covered by an individual’s conscience and religion and by laws passed by local or state communities and can change as the moral culture changes, for better or for worse. What I mean is, from the federal government’s perspective, moral issues are not addressed in the Constitution or the Bill of Rights, and ergo those issues are off limits to the federal government.
Over time, as morality changes, it is the laws enacted by the people at the community, county, and state level that are intended to handle changes in moral values. If the people of California vote to approve or ban gay marriage, the Constitution does not give the federal government any authority to intervene for or against it. Marriage is not a political freedom issue. Likewise, the federal government has not been granted the power to impose itself upon any state policy regarding murder, robbery, drugs, or any other issue of moral law.
Therefore it is given:
The Bill of Rights was written to protect the states’ and the people’s political freedom from a federal government, and the Bill of Rights is not a moral values document.”
Before any of you start yelling at me, please think about what our Constitution is and does. It defines our freedom and protects us from a tyrannical government. That is, if we follow that great document.
So, what does our Constitution say? It says, via the Tenth Amendment, that the States and the People of those states should decide what they want to do about gay marriage without any interference from the federal government.
C Howard Diaz