Judge: Ohio Gay Marriage Ban Affects Law (AP). AP - Domestic violence charges cannot be filed against unmarried people because of Ohio's new constitutional amendment banning gay marriage, a judge ruled Wednesday. [Yahoo! News: U.S. National]
As I mentioned a couple of days ago, the issue of who can make medical decisions when you are incapable of it is a very important legal issue that has been around for years. Currently, the legal spouse (by marriage, and I don't mean in a church, I mean according to the state (including the District of Columbia) that issued the marriage certificate) can make that decision as the next-of-kin. The line then flows down to the children of legal age.
Why is this important? Well, as we have seen in the Schiavo case, it is very critical, especially when there is a difference of opinion between the spouse and the parent, regardless of what that difference is. Now, if we broaden the scope to same sex marriage, an interesting problem pops up. This is not a religious issue. I have no problem if the Catholic church does not want to marry a same sex couple under their roof because it violates some ecclesiastical provision that has been set in place by some narrow minded man three centuries ago. Marriage has progressed beyond that point to where there are serious legal issues involved. For instance, who can decide for the sick or injured the course of treatment. Right of survivorship for funds (and a recent survey indicated that gay couples have, on average, more money than mixed sex couples) and real property. Medical benefits (it is cheaper for a couple to share insurance than for each to buy their own usually).
The zealous ban on gay marriage has begun to illustrate that there is a certain distaste for allowing legal status to couples that are no less committed than mixed sex couples. If the divorce rate in the United States is any indication, there is very little family value left, regardless of what the conservative voting block would have you believe. A study I would like to see is how many of these so called conservatives that are opposed to extending the legal rights to same sex couples are still married to their first spouse. I would further love to know the level of infidelity among those couples. This is not a prurient request, but a realistic hypocrisy check.
What we are seeing in the Ohio case is the first real indication of the problems of banning the legal (including common law) forms of marriage. Domestic violence is an issue an it needs to be addressed. Ohio has shot itself in the foot and managed to overturn its own well crafted domestic violence law by taking a boneheaded approach to preventing the legal passage of rights to those individuals that love each other no less.
Man is a funny animal. Man does not always mate for life. Biology of the species is such that occasionally individuals of the same sex will prefer each other. This is not physiological. It is not a disease. It is a fundamental part of our genetic make up and is no more unnatural than getting up in the morning. Same sex cohabitation has been around for eons. It is time to step forward and grant them the rights and privileges enjoyed by everyone else.
11:26:56 AM 
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