Monday, June 4, 2012

Family law ramifications

Another area that becomes problematic is the case of family law.  Everything from child custody to making long term healthcare decisions for a partner are dictated by legal precedents both in statutory form and case law.  Same sex, devoted partners in decades long relationships have no authority to act on each other's behalf in these cases unless they have powers of attorney written for each specific circumstance.  In some of these cases, even with proper documentation, their decisions are overridden and their fates are turned over to blood relatives.   The problem with creating state and national laws of this nature is that it puts government mandated  constraints and laws in place that have no constitutional basis.   Our laws are clear on the separation of church and state.  The government, whether federal or state, has no business creating legislature governing religious practices, except in cases where religious practices interfere with the individual liberties of others (forced polygamy in minors, human sacrifice, etc).  My marriage, recognized by the state and federal  government or not, is as real as any other marriage.  I just happen to be straight, so my marriage is protected under the law.  But since when is it the governments right to decide whether a religious marriage is valid or not?  In some cases, in fact, the state government recognizes marriages that some churches won't recognize.  For instance, the catholic church has very explicit guidelines with regard to marriage.  Will the catholic church be forced to recognize a marriage in their church between two divorcees that committed adultery because the state decided it was an acceptable union?   Christian groups that are fighting to define marriage between a man and a woman as a law fail to see the repercussions of this move.  What happens when they are no longer in the majority and the voters come out en masse to repeal the legislation or further define what marriage is in addition to being a man and a woman?  What's to stop voters from imposing additional constraints:  you must be a registered voter, you must be a homeowner, you must have a certain salary and a minimum net worth.  The list of possibilities goes on. Defining marriage, heterosexual, homosexual, same or mixed race, establishes a very, very dangerous precedent.  

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