Comments on: NC’s Prop 8? http://www.robustmcmanlypants.org/blog/2009/02/25/ncs-prop-8/ Camo Pants with a Lavender Fringe Tue, 24 Jan 2012 19:14:50 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Michael http://www.robustmcmanlypants.org/blog/2009/02/25/ncs-prop-8/comment-page-1/#comment-13747 Michael Wed, 25 Feb 2009 23:45:22 +0000 http://www.robustmcmanlypants.org/blog/?p=883#comment-13747 What NC has is a "Defense of Marriage" law that is a statute but is not a part of the state constitution. Professional homophobes think that a law-but-not-amendment is too easy to have repealed or overturned in the courts. If they can get an amendment passed, no court case seeking legal recognition of same-sex marriage will ever succeed because the courts merely weigh the constitutionality of statutes; they don't decide what is or isn't a good idea on principle. At any rate, you're half-right: gay marriage is illegal in NC and recognition of it is illegal. People can go have private ceremonies but the law makes it illegal for any county to issue a marriage license or for state government to recognize marriage licenses from other states where it is legal. In all honesty, I think the right wing functions - and has always functioned - by identifying scapegoats and then milking them dry with campaigns of fear and ignorance targeted at their base knowing full well that America's history - when summed together - is one of expanding equality and that they are virtually guaranteed to lose their fight-of-the-moment in the end. Thus, getting an amendment - not just a law - poisons the well for the future. The law we (and every other state, almost) passed in the '90s already makes it illegal for The Boyf and me to be legally recognized. If they can get an amendment, though, that means that the next generation and maybe a couple more after that will also be second-class citizens, denied thousands of legal rights and duties that are instantly conferred when a marriage license is signed, because amendments to the constitution are so much more difficult to get rid of. What NC has is a “Defense of Marriage” law that is a statute but is not a part of the state constitution. Professional homophobes think that a law-but-not-amendment is too easy to have repealed or overturned in the courts. If they can get an amendment passed, no court case seeking legal recognition of same-sex marriage will ever succeed because the courts merely weigh the constitutionality of statutes; they don’t decide what is or isn’t a good idea on principle.

At any rate, you’re half-right: gay marriage is illegal in NC and recognition of it is illegal. People can go have private ceremonies but the law makes it illegal for any county to issue a marriage license or for state government to recognize marriage licenses from other states where it is legal.

In all honesty, I think the right wing functions – and has always functioned – by identifying scapegoats and then milking them dry with campaigns of fear and ignorance targeted at their base knowing full well that America’s history – when summed together – is one of expanding equality and that they are virtually guaranteed to lose their fight-of-the-moment in the end.

Thus, getting an amendment – not just a law – poisons the well for the future. The law we (and every other state, almost) passed in the ’90s already makes it illegal for The Boyf and me to be legally recognized. If they can get an amendment, though, that means that the next generation and maybe a couple more after that will also be second-class citizens, denied thousands of legal rights and duties that are instantly conferred when a marriage license is signed, because amendments to the constitution are so much more difficult to get rid of.

]]> By: Mary http://www.robustmcmanlypants.org/blog/2009/02/25/ncs-prop-8/comment-page-1/#comment-13746 Mary Wed, 25 Feb 2009 14:18:39 +0000 http://www.robustmcmanlypants.org/blog/?p=883#comment-13746 I have to say I'm surprised, because I just assumed NC did in fact have an anti-gay amendment. Color me shocked! I have to say I’m surprised, because I just assumed NC did in fact have an anti-gay amendment. Color me shocked!

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