Sunday, April 29, 2012

Amendment One

If approved, the proposed measure would amend Article 14 of the North Carolina Constitution by adding a new section:
Sec. 6. Marriage.
Marriage between one man and one woman is the only domestic legal union that shall be valid or recognized in this State. This section does not prohibit a private party from entering into contracts with another private party; nor does this section prohibit courts from adjudicating the rights of private parties pursuant to such contracts.
There are several good practical and legal cases to be made against Amendment One (Bothwell, Coalition to Protect NC Families). I oppose the adoption of Amendment One into the North Carolina Constitution on moral grounds.

1. Amendment One directly subverts government's only proper function in a free society, which is the protection of individual rights, and, instead, allows government to violate unalienable individual rights to life, liberty, property and the pursuit of happiness based purely on religious grounds.

2. Amendment One violates individual rights by preventing free adults from using their best judgment regarding social contracts. Individuals have the right of association, the right of contract and the right of freedom of action without interference by others or by the government.

3. Amendment One represents the conflation of church and state by codifying religious precepts in a law that forces everyone to adopt, in practice, the religious views of a majority. Law should at all times reflect a strict separation of religion and government.

4. Amendment One treats unequally under the law a segment of society based purely on sexual orientation. Sexual orientation is a subset of individuality and, as such, should be beyond the reach of the law. The individual human person is the primary category deserving of the legal protections of a limited government and no law should be made to single out subordinate characteristics for special, or unequal, consideration. A homosexual who injures no one else's rights is a FIRST CLASS CITIZEN. The rights of both heterosexuals and homosexuals should be protected in the same way the rights of both Buddhists and Christians should be protected.

5. Amendment One represents a resort to the use of force in human relations. Government should prevent and adjudicate the initiation of force in society and should not be the source of it. The initiation of force, in both the private and public spheres, is the abrogation of freedom and is an improper method of influence in a free society. Those objecting to gay marriage should attempt to use persuasion, not force, and let the arguments lie where they fall.

6. Amendment One appeals to mob rule to determine right and wrong by delegating the right to violate rights through an electoral process. Civil rights should not be subjected to a vote. No individual, no majority, no society, no government has the right to violate rights.

It is for these reasons that Amendment One is immoral and should be opposed by all defenders of liberty.


RELATED

NC Libertarian Party announces opposition to Amendment One
Coalition to Protect North Carolina Families
The North Carolina Libertarian Party today declared its formal opposition to Amendment One. The state’s third-largest party is encouraging its members, as well as all other voters, regardless of party affiliation, to vote against the constitutional amendment on the May 8 primary ballot.

N.C. Libertarians Oppose Amendment One
Whereas, the great value of constitutions is the protection they provide for individual rights;

Yaron Brook discusses what's wrong with social conservatives.