The same-sex marriage movement has always had as its purpose the destruction of marriage altogether (I'm not saying your sweet homosexual brother and his partner want this, I'm saying that's the aim of the movement: much as women want equality of opportunity before the law, but the women's movement wants the eradication of fertility and sexual difference, and sells women abortion and contraception in the name of the former and advance of the latter.) Of the coming court fight over CA Proposition 8, Kmiec writes:
This could be accomplished by limiting the state of California prospectively to the issuance of civil unions for all couples, rather than marriage licenses, leaving marriage, which in origin is predominantly a religious concept and not the real business of the state, to religion.Get it? Nobody gets married! A true Obama-style compromise, that (see the link's last graf)!
I don't know what this man has fallen into that his intellect should be so darkened, but really!
First he decoupled abortion from the concern of the Declaration of Independence that government's purpose is to protect the natural right to life (I mean, if it's not going to do that, nothing else it's doing can possibly be legitimate! That is its only proper role --national defense comes under it!).
Now he follows up by decoupling marriage from any government protection of the nature of the family, one of the implied rights also protected by the Declaration of Independence. Marriage, one might say, is part and parcel of the right to the pursuit of happiness.
And once again he is utterly in conflict with his own seminal Con Law textbook, which refers to marriage as an "unenumerated right" which the state is obligated to protect (Vol. 2 p. 206). Now, suddenly, the governor can abolish it by decree!
He's nothing left to embrace but anarchy or tyranny: he's just overthrown the twin principles of freedom altogether.
Update: More
