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Enough W/ The Opinions on Gay/Straight Marriage ... How 'bout a CONSTITUTIONAL Perspective?
Okay, so there have been several journals about gay/straight marriage and the Prop 8 issue. There is enough opining going around to really stink up the issue, so I have decided to write about the CONSTITUTIONAL view of marriage.
First, I want to put the following on the table:
I am a Christian - which means I am personally and religiously opposed to gay marriage.
I am a Libertarian - which means that I am politically opposed to a Constitutional Amendment banning or granting same-sex (or any other kind) of marriage.
Here is the basis for my argument:
The US Constitution does TWO things:
It PROTECTS an individual's rights - it DOESN'T GRANT rights
It BINDS the government to a restrictive rule of law, OBLIGATING them to protect and uphold the Constitution.
First, lets look at what a right REALLY is:
According to Black's Law Dictionary, a right is "inherent in one person and incident upon another .. the power of free action." Please note that rights are "inherent," meaning that it is physically impossible for rights to be extracted from a person by ANY means. In other words, someone can kill you - depriving you OF life, but they cannot deprive your RIGHT to life.
A right is something you can do without permission, therefore the opposite of a right is something you cannot do without permission. ANY time you need permission to do something, it is a privilege. Black's Law Dictionary defines this as, "a particular or peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption." Rights and privileges are opposites.
Here are some corollaries:
ALL rights are derived from property
EVERY right implies a responsibility
The ONLY limitation on your rights is the equal rights of others
To have a more thorough understanding of the differences between Rights and Privileges please click here: Rights vs.
Privileges
For the sake of brevity and applicability, I am paraphrasing the information in the above document for the purposes of this journal.
It may come as a shock to read that there are no "constitutional rights." This term is misleading because it gives the impression that the Constitution grants rights.
NOTHING COULD BE FURTHER FROM THE TRUTH!
The Bill of Rights enumerates our rights, but none of our founding documents bestow anything on you at all. All of your rights precede the US Constitution. The government can burn the Constitution & shred the Bill of Rights, but wouldn't have the slightest effect on the rights you've ALWAYS had. This also means that these rights aren't exclusive to Americans; America is just the country who has promised to protect them.
"The convention of a number of the states, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the government, will best insure the beneficent ends of its institution.
"
- The Preamble to the Bill of Rights (didn't know there was one did ya?)
Let's break this down:
Who? The convention of a number of states
When? At the time of their adopting the Constitution
What? They expressed a desire to prevent misconstruction or abuse of government power.
Solution? To add further declaratory and restrictive clauses.
Why? To further extend public confidence in the government
When we make an amendment to the Constitution, we are DECLARING to the government that we are claiming a specific right that they may not, under any circumstances, touch. Remember, rights are something that we don't have to ask for, and something that is inherent in us - we are born with them. If we had to ask our government to practice our rights - then they wouldn't be rights, they would be privileges (put this in the back of your mind when contemplating any other rights - you might begin to see how unconstitutional our current government is).
So how does this apply to the marriage issue? Let's break down the argument to its most basic points:
Proponents of gay marriage argue that marriage is a right for all couples who are in a loving committed relationship regardless of sexual orientation, AND should be privy to the same "rights" that heterosexual married couples have. (I have rights in quotations for a reason ... I hope that you understand this as I go on)
Opponents of gay marriage argue that marriage is a right for ONLY one man and one woman, and homosexuality should not be rewarded because of the negative moral and social implications. Marriage is a religious issue and the government has no business in it.
......... *Sigh* Where do I start .......
How about with this: Marriage is NOT a right! ..... For anyone ..... gay or straight .....
You must ask permission to be married; you must ASK you significant other if you can marry them. If they say yes, you are granted a privilege to be a part of the person's life "as long as you both shall live." If they say no, you have NO legal recourse; you simply cannot marry that person; you've been denied that privilege. If marriage is a right, then the government is OBLIGATED, by the law of the Constitution, to protect your right. This DOES NOT happen! If Johnny asks Suzy to marry him, and Suzy says no, Johnny cannot sue her, and the government doesn't come to the aide of Johnny in order to protect his right to marry.
EVEN if you get past the first hurdle, the two of you STILL do not have a right to legally marry. You must ask permission from religious clergy or a JOP to marry you - they can also refuse - and you must apply for a license in order to do it. Black's Law Dictionary defines a license as "a personal privilege to do some particular act or series of acts on land without possessing any estate or interest therein, and is ordinarily revocable at the will of the licensor (red flag) and is not assignable." Did George Washington have a marriage license? (No.) Did Thomas Jefferson? (No.) Did they simply ask the women they loved to settle down with them and perhaps raise a family? ..... Uh Yes! Ever heard of a Common Law marriage? Did you know that the ONLY reason why we have marriage licenses to begin with was to "approve of" interracial marriages.
(red flag)
Because rights are derived from property, the ONLY way for marriage to be a right, is if you OWN your significant other. Owning a person is slavery and it not a right because (we all know this), it infringes on a personal liberty. Your rights cannot infringe on my rights and visa versa.
The Constitution was not designed to give the government the power to grant privileges to certain (or any) groups of people for any reason. Let me say this again......
"We the People" NEVER gave the government the authority to license , permit, or otherwise grant special privileges to anyone for anything!
The authority lies with in our own power to exert our own rights. For this reason (marriage) licenses are unconstitutional. However, under the current law, their is a civic injustice which discriminates against a certain group of people - in this case homosexuals.
So to the PROPONENTS of homosexual marriage ......
If you want the government to grant to homosexual couples the unconstitutional privileges that heterosexual couples enjoy, then keep doing what you are doing. HOWEVER, true liberty CANNOT thrive while our government continues to act illegally. If you want true justice you should be fighting to get the government OUT of marriage by calling for the immediate discontinuation of the issuing of marriage licenses, the discontinuation of government endorsed privileges associated with marriage (and while we are at the penalties too), and revoke the authority of Justices of the Peace to marry couples. After all, the only reason to legally marry under current law is to reap the benefits associated with it. No one has any business telling homosexuals that they cannot have a common law marriage. If your significant other grants you the privilege to marry than it should be your right as a couple to live how you deem fit; you shouldn't have to ask anyone else beyond that. (This principle should apply to heterosexual couples as well). If a homosexual couple desires to have a clergy marry them and conduct a ceremony, then seek out a clergy who supports your relationship.
While this may be outside the Christian faith (at least) why would you want to force someone to do something against their will?
And to the OPPONENTS of homosexual marriage ....
Please remember that I know why you feel the way you do; I feel the same way but with a major exception. If marriage is a religious issue and the government has no business involved with this, then why do you ....
permit the government to license marriage?
permit (and accept) government endorsed privileges?
try to misuse the Constitution -which dictates federal law - to fight a culture war?
Remember, the Constitution doesn't grant rights but it also doesn't restrict the people. The Bible may say that homosexuality is an abomination but it never says that we can use the government as our mouthpiece and coerce people to submit to Biblical law against their free will. Jesus Christ NEVER forced ANYONE to follow Him against their free will. I believe that we are a nation founded on Christian principles, but that doesn't make us a Christian nation. If we were, then the founders would have established a theocracy and not a Republic; a government that protects the rights of the individual over that of the group. If you want true justice you should be fighting to get the government OUT of marriage by calling for the immediate discontinuation of the issuing of marriage licenses, the discontinuation of government endorsed privileges associated with marriage (and while we are at the penalties too), and revoke the authority of Justices of the Peace to marry couples. After all, the only reason to legally marry under current law is to reap the benefits associated with it.
OMG! These two completely polor opposite poistions have a common ground on which they can fight upon: To get the government to follow the Constitituion and get out of marriage in order to allow us to live as "We the People" choose to live.
Imagine how powerful we can be when "We the People" speak!
Imagine taking back the power we have relinquished over time to the government!
Imagine the freedom YOU would have!
Tags: Marriage Politics Gay-rights
Well, I woke with contractions on Monday (June 23) morning about every 10 minutes apart. By that evening I was 2 cm. Not much but things were moving, or so I thought. Tuesday night I was only 2.5 cm. That was discouraging. My mom came out on Tues because I had been so sure Monday that the baby would arrive soon. Wednesday and Thursday passed with no change, still having contractions about every 10 minutes and they were a little stronger each day but just not enough to get anything done. Thursday night I slept great! And then Friday morning I went back to bed after my morning devotions because I was falling asleep while reading. I didn't get up until 11! Friday I decided that I was just going to ignore the contractions because it was obviously pointless to think they were doing anything. So Mom and the kids and I went to Sam's and then to the library and then back home. I took another nap then. When I got up Mom and Emma and I went to the grocery store. While at the store there was a noticeable change in the contractions. They would not be ignored anymore. We hurried up with the shopping and went home. The midwife had already intended to come by and try stripping my membranes that day but I really didn't want to do that and am glad that she had ended up going to another town to deliver a baby early (1 am) that morning, so I called and told her I didn't want to do that and what had been going on that day. She said that she was going to take a nap because she knew I'd be calling her at 1 am! lol I decided to go ahead and go to the discipleship meeting we have every Friday. By the time we left there at about 10 pm I was pretty sure that the baby was really coming! My dh was busy chatting and I had to tell him I needed to leave. We got home and dh and the kids set up the birthing pool and Mom and Kyla and I set about cleaning up the house. I didn't do too much, I was busy with contractions. I called a friend that offered to come and watch the kids. By the time she got here though only Wes and Kyla were awake. When the mw came (at about 1am) I had prepared myself to hear that I was only 4 or 5 cm so when she said 7 I was thrilled! I had already been in the pool for a little before that and then after I got back in. Time seemed to be moving fast for me. I remember asking once what time it was and it was 2:30 and it just didn't seem like it had been that long. Wes got in the pool with me for a little bit the first time I was in it. I wish I'd thought to get a picture of that. He was wired the whole time. I couldn't believe he stayed up through the whole thing. Kyla went to bed about 2 and Cora got up about the same time. Gilbert woke up just before the birth. The water was nice. I had wanted to get out to deliver but when I got up to get out and while dh and my friend and my mom were getting the towels and my dry clothes another contraction came and I said, "Forget it, it's too late." and got back down in the water. Dh said that he felt rather useless because I didn't seem to need anyone, but I was very thankful for his presence and encouraging words. The urge to push came on gradually. Starting out it was just at the peak of contractions. I would push just a little with those. I never paid so much attention to what my body was feeling and what it was telling me to do. The mw had been dozing on the couch until I got to where I was pushing hard and could feel Sara's head. That was amazing!! I had never felt the desire to do that before, but it was just such a wonderful thing! When I could feel her head I started talking to her. Dh said that he thought that was really special. I have no idea how long I pushed, my perception of time was way off and no one else can give me an idea because most of the time I was pushing they were unaware I was. I had a bit of trouble with her shoulders, or at least it seemed so to me. Dh says it didn't take any time at all but I felt like it was taking too long. When she was born and I lifted her out of the water I didn't even look to see if she was a girl or boy right away. I just looked at her and held her close. She was so perfect! Her color was good and she was moving around. It took the mw suctioning her mouth before she cried. After a few minutes of admiring her I finally thought to see if we had a boy or a girl. Dh was so funny. He was so worried about her being in the water! LOL He kept saying, "Shouldn't we get her out?". I don't know how long we stayed in the water but it was quite a bit longer than poor dh felt comfortable with. We sent all the kids out while I got out. Dh cut the cord and I got settled on the couch. Delivered the placenta and then the kids came back in. Wes was so cute, he said, "Mama, I like this baby." Cora was a little disappointed because she had wanted to catch but I was in the water. But she couldn't have been any closer without actually catching so she is satisfied. Dh got the kids off to bed and I got cleaned up a little and then dh crashed. The mw left about 6 am and Sara and I were left alone in the quiet of early morning. I am in awe of the whole thing. I couldn't have gotten any closer to an unassited childbirth without actually having one. I enjoyed the whole experience. It makes me smile to think how it went and to remember it all. My only regret is that we didn't video it.
Tags: Birth Waterbirth Homebirth
I thought I would share my meditation from my devotions this morning. My heart is full right now and I want to get it out.
I read in Matthew 27. Verses 28-31, "And they stripped him...they had plaited a crown of thorns, they put it upon his head...and they...spit upon him, and took the reed and smote him on the head. And after they had mocked him...and led him away to crucify him."
In looking over those phrases from those verses I was so humbled.
Christ, the creator, suffered so much pain and shame and yet his grace extended even to his tormentors. But the men who beat and whipped and mocked him were only the vessels used to deal out the judgement. Every blow of fist, every stripe from the whip, every harsh word, every drop of spittle they cast at him was for MY sin! I was his tormentor.
It was for my sin that he stood and took it all without a murmur of complaint! The Bible tells us that he suffered all of that for "the joy that was set before him". What was that joy? My salvation! My freedom from the penalty of my sin. My liberty from sin's power. He took joy in his suffering knowing that the end of it would be the salvation of the one responsible for it! What grace! What compassion!
He knew that most of his creation would reject this ultimate love offering and yet he did it anyway for the few who would accept it.
What right have I to give into bad attitudes or discontent when the creator of the universe was willing to suffer so much for me that I might be free?! What right have I to become frustrated when my children disobey when God graciously forbears with me when I go astray?! What right have I to be offended when my husband or someone else hurts my feelings when Christ suffered so much humiliation on my behalf?!
The troubles I have are so transitory. They are nothing compared to what he suffered. To give into worry or despair insults the grace of God.
My prayer is that I would 'walk worthy' of Jesus' sacrifice. That I would remember that he gave all that I might be free. That every moment of every day would be filled with thankfulness for what he has done, and does, for me!
I took the kids down to the canyon last week. We had fun hiking and looking at animal poo and plants. Emma, Ellis, and Gilbert all got Prickly Pear spines in them from some prickly pear fruit they picked up. Ellis was so cute. He asked me after awhile if I could get the spines out (he had them ALL over his hand!). I asked him if it hurt and he said, "Yes, but I didn't want to complain because I'm a boy." 
Anyway here's some pics of our trip, wish I had more but my camera battery died. 
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JUMP!
Posted On 11/03/2007 10:12:07
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This is actually 3 pics of 3 separate jumps. He landed the same way each time and just thought is was the funnest thing! Crazy kid!! 
While I was inside cleaning and looking at posts here, four of my children started a project. Painting the shed.
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