Friday, September 12, 2008

Will Same-Sex Marriage Be the Next Thing on Blackwater's Agenda?

Imagine this. You and your loved one tie the knot. A few years later, the major breadwinner, the one who makes the most money and the health insurance that covers the both of you, is transferred to Virginia. If you don't go, the breadwinner will lose his job.

What do you do? Simple right? You go.

However, what if going means you and the one you pledged your undying love for will cease to be married? Do you refuse the transfer and risk financial ruin or move to Kansas and annihilate your marriage?

Let's take it one-step further. Same scenario, but you are married with children and one of you has decided to stay home and raise the children and take care of the home. You are all covered under his health insurance.

What do you do? Once again, a no-brainer. You go. That is, if you are a heterosexual married couple. If not, sorry, you're on your own. Go, and you dissolve the marriage, losing all the advantages you have gained by making a legal commitment or if you choose to stay, you may keep your marriage intact - as long as the federal authorities allow it to stay that way - but risk financial ruin.

Same-sex married couples are tax-paying American citizens! Why should they have to endure what the vast majority of married couples do not? Shouldn't all citizens reap the benefits of both the state and federal laws? Are the same people who are exempt from reaping the benefits of following the "rule of law" exempt from the penalties incurred by opposing the "rule of law"? No, of course they're not. Not only do the gay married couples miss cashing in on the advantages of being married, they are exposed to an even greater number of penalties because the advantageous part of the law does not apply to them.

Now, back to my original question. Since the Bush Administration is coming to an end, what will Blackwater's role encompass? It's fairly safe to say, if Obama wins, Blackwater may not be as much of an issue, however if the "new" McCain wins, and continues devolving himself in order to squeeze into the self-righteous neocon mold, chances are Blackwater, a.k.a., the "Praetorian Guard" will continue to prevail with the same lack of oversight and just as unaccountable as they are now.

So, what's to stop the Blackwater "thugs" from trumping state statutes on gay marriage, in order to enforce federal law? Just as it appears happened when our government issued the order for the federal raid on a medical marijuana facility in California.

Nothing, because the intersection of federal and state law does not exist for gay married couples. The Defense of Marriage Act (DOMA) violates the provision in the United States Constitution that requires each state to give "Full Faith and Credit" to the public acts, records, and judicial proceedings of every other state.

As it is, federal agencies like the IRS do not recognize gay marriage, making it twice as hard for gay married couples to do their taxes, not to mention, all the money gay couples lose because they do not qualify for the federal benefits opposite gendered married couples are automatically entitled.

The function of the Supreme Court is translation of the Constitution, nevertheless, judges are political human beings and subject to the same biases we all are. This is one of the reasons judicial nominations can turn into what can only be described as a three-ring circus. Everyone knows how important it is to get the judge nominated who agrees with his or her views.

Gay marriage cannot be left to the states, because it essentially leaves same-sex married couples at the mercy of the political whim of those in power at any given time. Taking the time to fight for gay marriage, state by state, is counter productive because the optimum outcome is precarious at best and ultimately it is designed to fail.

What good is a marriage license that can be revoked at any time? What good is a marriage license that exempts you from most of the advantages of marriage? What good is a marriage license that confines you to one state? What good is a marriage license that makes you face the cruel process of deciding between your marriage and financial stability? What good is a marriage license that exposes you to the potential tyranny of federal law?

Links:

PEW Forum Gay Marriage Issue Page

The Gay Entrepreneur’s Toolkit: 100 Networking Resources, Guides, and Links

Gay Executive

2 comments:

Anonymous,  08:34  

My partner and I lost out on receiving 16K that we would have otherwise received if we were a heterosexual couple.

Great article!

Roth's stepchild 17:54  

I'm really sorry to hear that.
It's outrageous that our government can blatantly discriminate against tax-paying American citizens.

Thanks for commenting and good luck to you and your spouse.

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