Of course as many of you have heard, our new Attorney General, Mark Herring, has announced that he will work to overturn the Virginia state law banning same sex marriages.
I have stated here on this board in the comments that I feel that rather than the states continuing to attempt to define “marriage” (which is becoming more legally amorphous) they should simply get out of the business of “marriage” altogether and allow individual couples or even groups to define it for themselves, according to their religion and whatever god they believe in (or don’t believe in). The states should only concern themselves with the contracts between the parties for the purpose of distributing property in the event of the death of one or both parties and/or dissolution of the contract (i.e., “divorce”).
Same sex marriage will at some point (probably relatively soon) be declared to be legal in all 50 states via incorporation. The next legal challenge will be polyamory, and using the same logic as gay marriage, I foresee no legal restriction on that either. Traditional marriage advocates can scream all they want about the issue, but the toothpaste can not be put back into the tube. So the best way to move forward is for the state to get out of the business of blessing marriages.
Now it appears that a state lawmaker in Oklahoma is proposing a bill to do just that. This first round will probably not be successful, but I predict that it will happen – probably in a Southern state – after some national debate on the matter. Once it happens in one state, many others will follow suit.
I am amazed that the ACLU rep, quoted in the article actually disagreed with this potential proposal. That is strange because it seems like a win-win to me. Those who want to define marriage as they see fit (same sex, polygamous, polyandrous, or whatever) can do so while those with traditional views on marriage can also continue to preach what they believe as well. Both can follow their own beliefs without the blessing or the curse of the government. Private differences will no longer be policy disputes and no one is enforcing their moral views on the other.
It’s the only way forward.