Monday, December 23, 2013

Does 'Privileges or Immunities' Apply to Same-Sex Marriages?

   We shall take one phrase from our Constitution, and consider whether it gives a man the right to marry another man, and a woman the right to marry her own. The courts are already ahead of us in this exercise, and now it is our turn.
   "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."
    Well, what do you think? If that little phrase were found in the Constitution, would it mean marriage is not just for heterosexuals? Because, obviously it is in the Constitution, being right there in the 14th Amendment.
   What does it mean that we are all entitled to the same privileges and immunities. Does it mean, I, a single person, should not be deprived of any tax breaks just because I am not married? Does it mean government should not give loans to students, since not all choose to go to college, and the person who might want to start a business deserves the same loan, deserves the same privilege? Does it mean the Affordable Care Act should not be extending financial assistance just to those who otherwise cannot find insurance that is less than 9 1/2 percent of their income?
   Though I toss these questions out to be thought on, I confess I have not fully come to a verdict in my own mind. I'm still considering whether "privileges or immunities" should mean, no, don't you dare deprive same-sex marriages, but, yes, go ahead and give grants to some and not to others, and give tax breaks to some and not to others.
   But, it occurs to me, if we do take this "privileges or immunities" thing far enough, we're going to end up with a flat tax.

 

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