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Jim Daly: Marriage is as much a responsibility as a fundamental right

September 03, 2010

by Jim Daly

(Gazette.com) - The Gazette’s recent endorsement of gay marriage makes the same mistakes on a number of issues that we’re accustomed to seeing from active proponents for the issue.

An Aug. 10 editorial noted the paper keeps “explaining repeatedly” to readers that “fundamental rights may not be submitted to a vote; they depend on the outcome of no election.” That’s generally true — to a point. Curiously, both The Gazette and the Proposition 8 judge, Vaughn Walker, imply that there are no (and can never be) democratically enacted restrictions on rights, but that’s just not so. The state puts restrictions on “rights” all the time — often with the blessing of the U.S. Supreme Court — that we might harmoniously live together as a society.

For example, the editorial ensnares itself when in saying that “marriage is a promise between two adults.” That’s two legal restrictions on the supposedly restriction-free right of marriage right there — an age minimum and a two-persons-only requirement. Ironically, those narrow (and wise) parameters came from lawmakers elected by the people.  Read More...