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May 09, 2012

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Ryan Farmer

The government should not be involved in marriage, period. The laws of government regulation of marriage should all be repealed, and the power should reside with the people themselves, per the Tenth Amendment to the US Constitution.

I would point out that when the state gets involved in marriage, someone's rights are always trampled.

Many "conservative Christians" today wouldn't speak out about Lucille Ball and Desi Arnaz having an interracial marriage, but when I Love Lucy was produced in 1952, over half the states would not have recognized their marriage as legal.

Also, I would point out that laws regulating marriage are the cause of a significant drain on the welfare system.

The laws against bigamy, for example, do not prevent bigamy. People like those polygamist Mormon sects still do it, but then every wife past #1 is a "single unmarried mother", which qualifies for everything from WIC to food stamps to Medicaid for herself and the kids.

These religions drain the Medicaid and Food Stamp funds from people who really need it and refer to it as "draining the beast". (Because they consider the Federal government to be evil as they live off of it.)

Same-sex marriage laws (against) are ineffective and also cause some disastrous social issues.

Consider the example where two people on Social Security (old age retirement or disability) marry, and the government decides to cut their social security checks. That can't happen with a same-sex couple because the Federal government can't recognize their marriage even if it is legal in the state they live in. They could also get food stamps x2 by going and telling the FSSA that they are "roommates" that buy groceries separately. (That would be difficult for a married couple to do.)

These laws are an unconstitutional restriction on the liberties of private citizens, and an unconstitutional violation of Equal Protection since it restricts same-sex couples from many of the rights and responsibilities afforded to their opposite-sex couple counterparts.

It is also, clearly, an unconstitutional infringement of personal liberties because it is a government exercise in enforcing primarily religious concepts of morality in statutory and constitutional law.

Even worse, it is akin to state-sponsored religion that the founders of this country so abhorred. (Think about the persecution done to them by the Church of England in those days, which is why the Establishment Clause exists.)

The "religious morality" these laws seek to enforce elevate some religious beliefs over others (or lack thereof).

I don't know how I can make it any clearer that these laws are wrong. They are wrong ethically, they are bad social policy that costs the state a lot of money with unintended side effects, and they are unconstitutional in many different ways.

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