Monday, March 01, 2004

I don't know how much writing time or psychic time I feel like spending on the Defense of Marriage amendment.

The most haunting thing I read, the left-wing slippery slope argument to the Rick Santorums who say that if homosexual marriage is made legal than there is nothing left to prevent making incest legal, is, of course a quote from Andrew Sullivan. It is from Wednesday or Thursday, but I have been thinking about it ever since.


"THE FMA AS TROJAN HORSE:

Here's an email from a Republican lawyer who sees the religious right amendment as a device to do far more than just deny gay couples constitutional protection. The amendment is just the beginning of the religious right agenda:

"Now that opponents and proponents of gay marriage are all riled about the FMA its time to talk about the true impact of including a definition of marriage in the Constitution. The potential impact of inclusion of the FMA will effect every American straight or gay because the FMA is not about gay marriage, it is a dangerous Trojan Horse that could completely redefine the powers of the federal government. As an attorney who is researching this issue, let me explain to the best of my ability, why I haven’t been sleeping well since Tuesday.

"Under the Constitution of the United States there is no express right to privacy, rather this right to be free from excessive government interference in our personal lives has arisen from Supreme Court precedent that cites the lack of regulation of intimate relationships and the protections of the bill of rights as the basis for an inference of the right to privacy. The right to privacy, according the Supreme Court is found in the penumbras and emanations of these two factors. A shadow of a right, very delicate and now threatened.

"By including a provision regulating the most intimate of relationships into the Constitution, the traditional analysis that the court has used to limit government power will be fundamentally changed and the right to privacy, if it is not destroyed completely, will be severely curtailed. As a result, decisions like Roe v. Wade, (Abortion), Griswold v. Connecticut (Birth Control), Lawrence v. Texas (Private Sexual Acts), will all be fair game for re-analysis under this new jurisprudential regime as the Constitutional foundation for those decisions will have been altered. A brilliant strategy really, with one amendment the religious right could wipe out access to birth control, abortion, and even non-procreative sex (as Senator Santorum so eagerly wants to do).

"This debate isn’t only about federalism, it’s about the reversal of two hundred years of liberal democracy that respects individuals. So why isn’t anyone talking about this aspect of it?
With luck, this agenda will be revealed as this amendment is discussed and debated. The most important thing to remember is who is behind this amendment: Pat Robertson, Jerry Falwell, Gary Bauer, Robert Bork, Rick Santorum. For them, gays are just the beginning, the soft targets before the real battle. Memo to straights: you're next."