Mission

“These are the voyages of the traveler Steven. Its five-year mission: to explore the strange world, to seek out life and civilizations, to boldly go where few men have gone before.”

When I set out to see the world, my goal was to check off a bunch of boxes. I set some goals, got a full-time job, added some more goals, learned that taking 50 vacation days a year was not considered acceptable, figured out how to incorporate all of the goals I set, and had at it. My goal was never to explore new cultures, yet that is what these voyages have become. I have started to understand foreign cultures, but I have learned one fundamental truth. Human beings are, for the most part, the same.

Saturday, June 27, 2015

Maine 2015 - Day 0 - For the Children

6/26/15, “For the Children”
Augusta, Maine


I typically do not use this Travelogue to write about political issues, instead preferring to focus on philosophical themes that transcend the political issues of our day.  However, to ignore the events of today would be to ignore the very Zeitgeist.  In possibly its most significant ruling in years, the Supreme Court ruled this morning that State Legislatures cannot restrict marriage to being between a man and a woman.

I have worded that sentence in a very careful way, in contrast to the wording most news outlets have used.  Why?  Because, to me, that was the issue at hand.  The Tenth Amendment clearly states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  The wording is unambiguous.  Nowhere in the constitution does it give the federal government any powers in marriage laws, nor does it prohibit the States from passing laws defining marriage, as they have for over 200 years.  Marriage is clearly in the realm of the States.  Right?

The obvious challenge to that is the Fourteenth Amendment.  The relevant passage goes, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”  It is the equal protection clause that is at play.  Are same-sex couples being denied their equal right to marry?  Well, um, see, the thing is, couples don’t have rights.  Individuals have rights.  The question needs to be rephrased.  Are gays and lesbians being denied their right to marry?  No, of course not.  If laws were passed forbidding gays and lesbians from marrying, then it would be very different.

Okay, let’s ask a different question.  Are gays and lesbians being denied their right to marry the person they love?  Um, what right to marry the person you love?  I’m not sure that’s a right.  If an adult brother and sister were in love, they would not be legally allowed to marry.  Are they being denied their right to marry the person they love?  The same logic could be used to answer that question.  Is that the next step?  To allow adult incestuous couples to marry seems the next logical step, yes?  To be clear, I am not supporting the Rick Santorum argument, “If the Supreme Court says that you have the right to consensual sex within your home, then you have the right to bigamy, you have the right to polygamy, you have the right to incest, you have the right to adultery. You have the right to anything.   Whether it's polygamy, whether it's adultery, whether it's sodomy, all of those things, are antithetical to a healthy, stable, traditional family.”  I am arguing from the opposite direction.

Note that, at this point, I have very carefully avoided giving my opinion on any of this.  I am simply presenting the relevant arguments, as I see it.  See, the problem is, there is no debate on these issues.  On one side are the mostly conservative religious extremists who believe homosexuality is a sin and oppose gay marriage for that reason.  On the other side are the mostly liberal gay rights supporters who attempt to ostracize anyone who says anything that might be construed as slightly homophobic.  There is practically no middle ground, and there is no debate, just both sides ranting and raving.  Any policy issue, and same-sex marriage is absolutely a policy issue, needs to be debated in an open and constructive environment.  That debate has never happened on this issue, and with today’s ruling, the Supreme Court has prevented the possibility of debate on this issue.  Still haven’t given my opinion yet, intentionally so.

As I see it, there are actually three questions here.  The first, should same-sex couples get married?  The second, should same-sex couples have a legal right to get married?  The third, do same-sex couples have a constitutional right to get married?  (I am condensing language here, meaning “individuals in a same-sex relationship” where I write “same-sex couples.”)  Okay, so, the problem is, those are three very distinct questions, which people should answer differently.  Why, then, would almost everyone answer each of those three questions either all yes or all no.  Where are the people who say, “Same-sex marriage sickens me, it is a sin against god, but, unfortunately, the constitution says same-sex couples have the right to get married”?  Where are the people who say, “I’m gay, and I love my boyfriend, but I just can’t see anything in the constitution that says the State Legislatures can’t define marriage as between a man and a woman.”  You never hear those positions presented, and you don’t hear it because there really is no debate on the issue.  All you hear is the two sides shouting their answers to the first question, calling the other side sinners or bigots, and letting their answers to the second two questions being defined by their answer to the first question.

Reader, have I made it clear at this point how I see the issue?  Now, what is my stance?  How do I answer those three questions?  The first two questions are easy.  I have two female friends who are romantically interested in women, coincidentally both have the same name.  One has a girlfriend, whom I recently had the pleasure of meeting.  How could I possibly say in good conscience that, if they decide they want to spend the rest of their lives together, that they shouldn’t get married?  To do so would be to say, “I don’t approve of your relationship,” which, in turn, means, “I don’t approve of you.”  The two friends I mentioned, I love them both very dearly, and I love them for who they are.  To say that I don’t approve of them would in turn mean that I don’t love them, and that is completely opposite to what I just said.  So, my answer to the first question is that same-sex couples, who choose to get married, should absolutely do so.  The second question is even easier.  I am a staunch libertarian.  I do not want the government telling people who they can and cannot marry.  In fact, I don’t want the government to have anything to do with marriage.  Marriage should be a private contract between two individuals, and it should not need to be sanctioned by the government.

Now, the third question is so much more complicated.  Do same-sex couples have a constitutional right to get married?  I have always favored a strict interpretation of the Constitution, and I think I have explained in the opening of this entry why a strict interpretation of the Constitution does not support a constitutional right for same-sex marriage.  This entry, as I have just written it, is exactly how I would have written it when I woke up this morning.  When the Supreme Court issued its Opinion this morning, I was not sure what to think.  My immediate reaction was that it was a great victory for gay rights at the expense of the destruction of our Constitution, but I knew that I had to read the whole Opinion before I could figure out what my opinion was.  As I read it, I was basically thinking to myself, “Alright, Kennedy, give me a reason why your interpretation of the Constitution is correct and mine is wrong.”  He did not.

However, he did one better.  He gave me a reason to favor a liberal interpretation of the Constitution.  “Without the recognition, stability, and predictability marriage offers, children suffer the stigma of knowing their families are somehow lesser,” he wrote.  “The laws at issue thus harm and humiliate the children of same-sex couples.”  Oh, crap.  I never thought about it that way.  How could we possibly tell a child that the reason his parents can’t get married is because a document written over 200 years ago does not prevent a State from defining marriage as being between a man and a women.  Tell that to a child with two moms.  Go ahead.  That was a serious thing.  Reader, if you are continuing to oppose same-sex marriage go explain to a child of a same-sex couple why his parents can’t get married.  No?  You don’t want to.  Or are you in the civil union camp?  Allow civil unions with equal rights as marriages?  Okay, go tell a child why parents are only allowed to have something called a “civil union,” but his friends’ parents have a “marriage.”  How is that not a stigma to the child?  So, what’s my opinion on all of this?  We must allow same sex-couples the legal right to get married.  Not, they should have the legal right.  They must have that right.  Why?  For the children.

Alright, why have a spent so much writing about same-sex marriage in a Travelogue.  Not because it is the defining issue of our time.  No, because it was the biggest news story of the day, so much so that it dominated all of my social media feeds today.  While I communicated privately with a few people about it, I carefully avoided posting anything about to social media, instead opting to save my thoughts for this entry.  I had to wake up early since I wanted to leave early.  I quickly packed and rushed to make it to work by 7:37 AM.  I went for my traditional pre-departure lunch at Hop Won, bought some cigars for the trip, and finished up at work, heading down to meet Pablo.  We got our tickets and took the train up to North White Plains.  I had reserved a full-size car, which is called by the car industry a mid-size, and it felt like the smallest car I had ever driven.

I put on Red and lit up my Nic Toro, which I hadn’t smoked in quite some time, maybe not in over two months, since this was the first time I have driven in over two months, I have realized.  Of course, we got stuck in traffic, and a trip to McDonald’s proved quite a detour.  All in all, we lost well over an hour, showing an arrival time past midnight.  After dinner, I switched to Taylor’s eponymous 2006 album and lit up an Aging Room, which also lasted into much of Fearless.  I smoked a Las Calaveras for Speak Now.

It was a long and boring drive, 11 PM by the time we got to the all-too-familiar border sign to Maine.  I rounded out the Taylor collection by listening to 1989 without a cigar, and I finished up the drive with an Avo, listening to the first half of Les Miz.  It was not long before we got to the hotel, checked in, got coffee, and headed upstairs, where I lit up a Prensado and proceeded to write this entry, which I will now close so that I can publish and get to sleep.

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