Maine Makes Thirty-One

As some of you well may know, I am against marriage as a state institution. The state has taken something good and twisted it into something rotten. Marriage has more to do with politicians and lawyers than your local clergy. I say we make Civil Unions gender blind and give your local church/temple/mosque the legal protection to marry whoever thy want. Things like “age of consent” and speration laws, should still be left up to the states.

Call me a RINO, but I think a case can be made that Civil Unions is compatible with Republican values. However Maine’s vote is not lost on me. You see, Maine is the Thirty-First state to ban Gay Marriage:

Gay marriage has now lost in every single state—31 in all—in which it has been put to a popular vote.

Only a handful have allowed Gay Marriage not by a popular vote:

Five other states have legalized gay marriage—starting with Massachusetts in 2004, and followed by Vermont, New Hampshire, Connecticut and Iowa—but all did so through legislation or court rulings, not by popular vote.

Now you might be scratching your head and wondering why this is huge. Well, as you know, people have been trying to pass a Gay Marriage Ban Amendment and they may now have a case that it could pass.

I like to think of myself as an amateur Constitutional Scholar and I know a few things about passing amendments. One of the ways an amendment can start, is if two-thirds (currently 33) of the state legislatures may apply to Congress for a constitutional convention. Writen into the amendment, can be a clause that it should be ratify by popular vote by three-fourths (currently 38) of the states.

There is currently a majority of states in which a majority of the people have chosen to ban Gay Marriage. A super majority has not been tested, but I believe that the people should be given that vote. I would personally vote against such an amendment, but I think the vote needs to happen (as long as it was a popular vote ratification instead of it being left up to the state legislatures).


PS: While I agree with Moe Lane that this vote in Maine was unfortunate, I have to admit that I voted for the Gay Marriage ban in Florida. I voted for the ban mainly because of what happen in Massachusetts, Vermont, New Hampshire, Connecticut, and Iowa. I rather a ban by popular vote over it being forced upon us by the few or by judges writing law from the bench. Bad law can always be repeal down the road, while activist judges/legislatures hurt us all. The first words of the Constitution says “We The People” and not “We The Judges/Few”.