The SCOTUS punted on Proposition 8 today, effectively striking it down on a procedural issue. This means that the earlier ruling of the appellate court will stand and gay 'marriage' will be legal in California.
I am a faithful Catholic and so do not recognize same-sex marriage. I am also a Libertarian at heart and I do not accept the idea that the GOVERNMENT must issue a LICENSE to people in order for them to merge their lives. I find that offensive on so many levels and I am absolutely shocked that more people who claim to be against big government overreach do not examine the whole idea of permits and licenses and what not.
Let's think about this, OK?
The entire reason we let the government issue a permit or a license is so that the government can regulate our behavior. We want to make sure that you do not build a structure on your own property that might fall down and hurt someone, or is an eye sore, or that you let garbage pile up in your front yard. We also want to make sure that our property is left to the people we want it left to, that the right kind of person is allowed in to see us at the hospital or jail and that we are taxed in a certain way. These permits and licenses allow for a kind of umbrella action - all spouses inherit from each other unless there is some other legal document altering that fiduciary relationship.
The government could care less who I love or with whom I have sex. That has NOTHING to do with the government's ability to make sure property gets to the right person or that I am taxed in a way that benefits the government.
Sure, sure - there are laws that govern our behavior. We are not supposed to have sex with children - though that will change in about 20 years - and we are not supposed to pay a woman or a man to have sex with us - thought that is not true in all states and will also change in about 20 years. Some sexual activity - two guys masturbating each other in a public park restroom - is illegal simply because the majority do not want to have to witness that kind of behavior. However, if you go to the Mardi Gras Parade in New Orleans or the Gay Pride Parade in San Francisco, public sex acts are encouraged and even captured on the ever present iPhone. If you have the audacity to object, well, you are just some sort of horrible prude.
The reality of our lives is that the government as we know it does not need to mimic religion. It does not need the same language, it does not need to issue licenses for relationships and quite frankly it should not have anything to do with who we decide to leave our property to other than to be a repository of records. If I am in love with a woman and I decide that she will have my home when I die, it is up to me to make sure the proper forms are filled out so my niece and nephews cannot kick her out.
Now, it would seem to me that if I am able to go down to a court house with my woman friend and fill out the paperwork for a contractual civil union that should be all the government should get to issue. If I want, then, to take that contract and go to my Episcopal priest, my Rabbi, my Iman, my Coven Leader or anyone else that can perform a marriage and get the dang thing done.
I realize I am a radical in my thinking. I understand that many Catholics do not agree with me and think that making this kind of move (removing the word marriage from the civil code) means capitulating to the secular world. They might be right.
I am concerned, however, with this growing trend and mindset that embraces the governmental OK as being the highest form of good for an idea. To me, licenses and permits represent this mind set. While I will understand there is a certain amount of reasonable governance that can be seen in a permit (not everyone should be able to do surgery, for instance) I am astonished at the number of people MY AGE who are not objecting at the top of their lungs about the government issuing a license to get MARRIED.
But what do I know?
I'm just another Catholic who believes Faith, without Reason, is not Faith - it is hysteria.
Reason, with out Faith, is not REASON - it is ARROGANCE.
And man oh man, do we have a lot of ARROGANT people in the world today.
What do you think?