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Amending What the Government Can or Cannot Do Based On Their Own Stipulations

By: Sam McKenzy

People are so worked up over the topic of gay marriage these days. Many feel that it is the inherit right of homosexuals and heterosexuals alike to marry the people they are in love with. Others strongly disagree and feel that gay marriage should not be permitted. The issue is that everyone feels that our government should have say of these matters. It is understandable since a marriage is a contract between two people stating they will be together forever. The government does have a bit of say as to contracts. The government receives all of its powers from the Constitution. The Constitution grants the government the ability to make legislation, start programs, and overall function. If the United States government does not have implied power in a domain within the constitution then they don't have the power to pass law concerning the issue. This is precisely where the United States government finds itself when concerning gay marriage.

When concerning gay marriage the United States government does not have the authority to pass legislation to impede it from happening. Within the Constitution there are no stipulations addressing a homosexual couples' right to marry or rather no right to marry. For that matter there were no state laws forbidding the marriage of homosexual couples either. So, why is it that the American government feels it is there duty to uphold the sanctity of marriage? In reality sanctity is something that the church defends and upholds. The framers of the Constitution intended on making a separation between the church and the state. It is the government's job to defend its citizens, which are tangible and real things. It is not the government's job to uphold sanctity an abstract unreal thing.

Being that there is no past precedent under which gays were legally prohibited from marriage then the law makers cannot just conjure up one. The job of our law makers is to uphold justice and maintain peace. Preventing homosexuals from getting married is neither an act of maintaining peace nor is it upholding the law. Therefore law makers should not listen to mobs of people that demanding that they pass legislation preventing an act that violates no laws and endangers no one. Time and effort spent on such is waste of citizens' tax dollars.

If anything legislators should be looking out for the rights of their citizens. Homosexual citizens who pay their taxes, abide the law, and even serve in protecting the nation should have their rights secured. Gays and lesbians do not love any less than heterosexual couples, and so their love should not be overlooked.

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About the Author:
Sam McKenzy
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