"The government of the United States is a definite government, confined to specified objects. It is not like the state governments, whose powers are more general. Charity is no part of the legislative duty of the government."

-- James Madison (speech in the House of Representatives, 10 January 1794)

Saturday, May 9, 2009

Gay Marriage and The Freedom to Associate

I think it's important for you to know that I have been described by friends as being, politically, "just to the right of Attila the Hun." This is not to say that I necessarily have a mean bone in my body (OK, so I can be sort of aggressive) but that I am very passionate about the dangers of an over-active and ever-encroaching State. Our Founder's papers and correspondence are replete with warnings against the specter (HA! Specter, get it?) of, as B. Franklin put it, giving up liberty for safety. I think H.L. Menken said it best when he suggested that the main goal of politics was to get the people begging for the State to save them from the (State created) terrors of life by telling them how to live.

In our recent "shift" in DC and elsewhere around the country I have seen many people and politicians become excited, perplexed, glorified, and dismayed by all that has come to pass in the past 6-9-12 months. These events have given me much perspective; a chance to take a step back from my bias and reexamine who I am and what I believe.

I was so pissed off and angered by "W" that I felt it necessary to reexamine my positions on some subjects; which could be considered litmus tests for being a "Dittohead."

One undeniable truth that I have come face-to-face with is that The Founders of this amazing American Experiment were so right on the mark that you may not be far off to call them prophetic. Another is that the VAST majority of our current crop of politicians at all levels, but mostly the State and Federal, are liars and thieves.

...the last undeniable truth is that I have been wrong about some things.

The issue of gay marriage is really one of association: do two or more people have the freedom to associate in a way they deem acceptable, or do we in a collective, called The Government, have the right, or need, to stop them, or give them our blessing?

Politically, I am a libertarian on the issue and feel anyone should have the personal freedom to associate with anyone else of their choosing, in a way they deem appropriate, so long as they are not infringing upon the inalienable rights of another. Personally, I am conservative on the issue and think that anything other than marriage and intercourse, which belongs in the institution of marriage, between a Man and Woman is wrong. I mean no disrespect towards my GLBT brothers and sisters on this point, just that we have a religious disagreement, not a political one...fair enough?

Further, I believe that if governments are given the power to regulate such things it should only be at the State level. There is nothing in The US Constitution about marriage (but it is very clear about speech, association and conscience) and under the principles of federalism this is an issue better handled at the State level. I guess the question then becomes: do we really need permission/regulation of such a personal thing from ANY level of government?

Abiding by this concept, and if we can get ourselves back to the principles of federalism, we will have a much less powerful Federal Government. What's more is if you are GLBT you have the right to move to a State where the laws fit how you want to live, or you can change the laws in your current State through the proper mechanisms; same as me. And on that last point, the States that have done so through their legislatures or ballot issues have used the proper mechanism, using the courts becomes tyranny of the minority. I think people can be persuaded on this point, but if you force them you will lose.

What this really boils down to is the right of any free individual to live in this World in a manner consistent with their conscience, so long as it does not interfere with anyone else's same right.


In His peace, and our liberty,

Mike Poast

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