I agree with Senator Paul on this, as far as government getting out of marriage, at least as far as deciding who and who can’t get married in the United States. If this were always the case, or at least in the last 10-15 years, we wouldn’t see all of those homophobic same-sex marriage bans all across the country. And we wouldn’t need states passing laws and ballot measures legalizing same-sex marriage in their state, because it would already be legal in their state.
When government puts people in different classes and says class a, should be treated better than class b, even though class a has no special considerations under the law that makes them more worthy than class b, or any other class, they’re violating the U.S. Constitution under the 14th Amendment and the Equal Protection clause. Why, because they would be giving one class of Americans special rights and treatment over another. And just because they prefer that class of people over another one. Gays, have the right to get married to their willing partners in America, just as much as straights do, just because they’re American and of age. Which is all that they need.
So that’s where I disagree with Senator Paul here. The U.S. Supreme Court didn’t redefine anything here. Pre-2003 or so, there wasn’t any official government position of marriage. And sure, the Religious-Right can up until the last ten years or so say marriage was always between a man and a women. But that wasn’t government law. Just how the society conducted itself. 20-30, years ago, gays were still in the closet. They were just trying to survive in a world where they were outsiders. And they were worried about if they were going to get fired if their sexuality was discovered, or would they lose their home. Would they lose their straight friends, would their family disown them. Not if they could marry their girlfriend or boyfriend.
And Senator Paul, can make the Chief Justice John Roberts argument that this Supreme Court decision hurts American democracy and our democratic principles all they want to. But it’s not the Left that is constantly reminding Americans that we live in a republic, not a democracy. The Right does that and this is an example where our system and form of government can hurt their political goals. We live in a Federal Republic in the form of a liberal democracy. We have basic fundamental human and individual, as well as constitutional rights, simply as Americans, that we can’t lose at the ballot box. Gays, aren’t getting special treatment under the law with this Supreme Court decision. Just their basic fundamental human, individual and constitutional rights as American citizens.
CNN: U.S. Senator Rand Paul- On Gay Marriage