Why California’s and North Carolina’s Gay Marriage Bans Are Unconstitutional

By Chandrashekar (Chandra) Tamirisa, (On Twitter) @c_tamirisa

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This article defends marriage and the Constitution and not the Defense of Marriage Act (DOMA).

California’s enactment of Proposition 8 and North Carolina’s ban of gay unions are unconstitutional under Amendments 1 and 14 (freedom of speech and religion and equal protection clauses) of the United States Constitution.

My birth was not in my control, but sure as hell are my taxes and death, all three of them being a certainty. We all deserve to be happy born the way we are – red, white, black, brown or yellow, man or woman, heterosexual or homosexual. My natural self-evident claim to my happiness in life and living is my liberty. This the only American value because it is the natural value.

In a society of laws but not men committed to living by the laws we make, since 1791, Americans, in a country founded as a union of 13 states from North to South, in the ethos of enlightenment liberalism have co-existed mostly in civility, working hard to live in social equality at birth, its people and its leaders changing the society by the law to achieve that outcome. My religion and my sexuality is mine and none of my neighbor’s or the government’s business unless I am in committed erotic love with my neighbor. The state of North Carolina making illegal the sexual unions of homosexual Americans is an affront to the United States of America.

All committed sexual unions between two people, men and women by sex or male and female by gender, are, for the purposes of the law, civil and so should they be recognized at the Federal level under the current constitution with no amendments being necessary, for such a recognition is as vital as the recognition of an American’s birth and death for the purposes of mutual caregiving and responsibility in cohabitation.

Marriage, an institution as old as civilization, is a matter of the common law of the tribe and its faith and has no place in our jurisprudence of constitutional separation of Church and State.

North Carolina’s homosexual marriage ban is unconstitutional by Amendments 1 and 14 and, therefore, uncivil, and must be overridden as the law of the land by the United States Congress.

No study about sexuality can grant or deny equal rights. America, after the repeal of “don’t ask, don’t tell,” is done enforcing equal constitutional rights for all of its citizens. It is now really about going through the motions of issuing vital records at the Federal level for legal rights between any two adults to care for each other under civil law.

Anyone can take care of a child, defined legally as any US citizen under 18 years of age, adopt or birth sexually or by surrogacy but only when permitted under law for parenting and guardianship.

Any two or more people can own property.

Marriage and sexuality is none of the government’s business, except, akin to narcotics, the prohibition of prostitution – male and female. And violence between any to people can be a crime.

Marriage is for religion, not the government.


About Chandrashekar (Chandra) Tamirisa

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2 Responses to Why California’s and North Carolina’s Gay Marriage Bans Are Unconstitutional

  1. 3h Victoria ‏@VixxyLix
    Muslim mosque in Britain will marry children aged 12 #Islam http://www.dailymail.co.uk/news/article-2200555/The-British-child-brides-Muslim-mosque-leaders-agree-marry-girl-12–long-parents-dont-tell-anyone.html?openGraphAuthor=%2Fhome%2Fsearch.html%3Fs%3D%26authornamef%3DSuzannah%2BHills 
    Expand Reply Favorite

    8m Chris Bramall ‏@ChrisBramall
    @VixxyLix Religious groups must be banned from conducting any marriage unless it’s legally valid, or unless it’s preceded by civil marriage.
    Expand Reply Retweet Favorite

    43s 1776 ‏@1_776
    @ChrisBramall @VixxyLix Why? Cannot those after puberty, Bar Mitzvah and Bat Mitzvah @israel be married and contest marriage law in court?
    Hide conversation Reply Delete Favorite
    1:51 PM – 9 Sep 12 · Details

    37s 1776 ‏@1_776
    @ChrisBramall @VixxyLix On Gay Marriage, http://ctamirisa.com/2012/05/10/mr-president-on-gay-marriage/ … 
    Hide conversation Reply Delete Favorite
    2:55 PM – 9 Sep 12 · Details

  2. Reblogged this on One World and commented:

    California’s enactment of Proposition 8 is unconstitutional under Amendments 1 and 14 (freedom of speech and religion and equal protection clauses).

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