The problem with the court ruling is the bold-faced statement, which, it so happens, is also a bold-faced lie.
The “right to marry” is not “about the ability to form a partnership, hopefully lasting a lifetime, with that one special person of your choosing.” The law cannot prevent anyone from forming a voluntary partnership that lasts a lifetime with a person of their choosing. It is called a “friendship.” The law makes absolutely no restrictions on “partnerships” so defined as “lasting a lifetime” and “person of your choosing.” I have had lifelong friends that were “partnerships” on many levels and the law never posed any discriminatory restrictions on those partnerships.
The question is whether marriage is a unique kind of “partnership” where the state must impose restrictions.
Obviously, life-long golf buddies are partnerships that “last a lifetime” and are with “a person of your choosing,” but the state remains completely aloof about them, as the state ought to with same sex coupleship.
The question is whether the state ought to remain so aloof with partnerships which have the potential to include in them third parties who did not “choose” to be a part of the original partnership? Obviously, same sex couples cannot “create” these new parties to the original partnership out of thin air, so there is no danger of same sex couples requiring intervention from the state. The state ought to stay out of the lives of same sex couples because the state has no business intervening. It has no business involving itself to dictate who can and who cannot form “a voluntary partnership that lasts a lifetime with a person of their choosing.”
Conjugal marriages are not merely “partnerships” involving the “choice” of everyone involved, whether for a lifetime or not.
Conjugal marriages have a larger sphere of influence in the sense of involving, at least potentially, others in the “corporate body,” and these others have no say in the partnership because they become involved without being asked, i.e., involuntarily. It is for the protection of these parties (offspring) FROM the “partnership” that is the only reason the state ought to be involved at all. Therefore it is only specific kinds of partnerships - fecund partnerships - that the state has any interest in at all.
Adoption is an entirely different venture because adoption is, essentially, a process external to the couple and can be controlled by policy and stipulation.
Birthing is entirely internal to the partnership and therefore, if the interests of the unborn are to be of interest to the state - and they should be - then the state needs to be involved by stipulating beforehand the degree to which the partnership must comply regarding interests of the innocent third parties which can and, likely, will be brought, unwarily, into the “partnership.”
The state law-makers, as the Indiana marriage laws demonstrate, is wildly off the mark regarding what it thinks it is protecting and what it ought to be protecting. It is, clearly, protecting a misconceived notion about something it ought to be paying no mind to because the rights of individuals to voluntarily forming life long partnerships is not in jeopardy, but the rights of new human beings to being cared for after they are brought into the world is blithely being ignored.
The state sanctioned war on the unborn (trumpeted as abortion “rights”) is the most pernicious symptom of the state’s idiocy in this regard. The second, of course, is the state’s misconceived protection of what requires no protection - the right to form personal, committed “partnerships.”
Let’s wake up and be adults on this issue, rather than whiny :crying:, spoiled :dts:, foul-tempered :banghead: adolescents who can only manage to think of their own interests :yeah_me:.
What a load of horse pucks.