Anti GLBT Legislation IS a Constitutional issue! It violates the Freedom of Association!

There have been several reports of riots by gays, assaults by straights, all around California and elsewhere, there have been demonstrations by Gays and Lesbians and their supporters after the passage of Same Sex Marriage Bans in California, Florida, and Arizona.



The above video footage is from straight actor, musician, and social commentator Chris Thompson (MySpace) (YouTube) (YouTubeMusic). Thank you Chris! You can also check out this footage for a balance in reporting here on F6. Here are the latest details (courtesy of Adam Bouska (MySpace) and others) for upcoming demonstrations:

Saturday, November 8th

+ Los Angeles, CA 6:30am - 9:30am
Los Angeles California Temple 10777 Santa Monica Boulevard (Protest)
+ San Diego, CA 12 Noon
1st Avenue & University March to 30th Street & University Avenue in North Park
For more information please call (619) 251-3381 or (661) 713-0520.
+ Laguna Beach, CA 5:30P
City Hall March to Main Beach for candlelight vigil. Parking available at
Act V parking lot 1900 Laguna Canyon Road Shuttle busses will be
running every 15 min. Bring signs, flags, candles or flashlights, whistles
+ Silverlake, CA 6P-9P
Sunset Junction Corner of Sunset Blvd and Santa Monica Blvd

Sunday, November 9th

+ Los Angeles, CA 10:30A - 11:30A
St. John's Episcopal Church 514 W Adams Boulevard
(A SHOW OF SUPPORT FOR A CHURCH THAT SUPPORTED US
AND WAS DEFACED BY YES ON 8 PEOPLE)
+ Los Angeles, CA NOON - 3P
CATHEDRAL of OUR LADY OF THE ANGELS 555 W. Temple Street (P)
+ Irvine, CA 3PM - 9PM
The Irvine Spectrum 71 Fortune Drive corner of Pacifica.
+ Oakland, CA NOON
Oakland Mormon Temple 4766 Lincoln Ave.
+ Sacramento, CA 1P -4P
State Capitol West Steps

Monday, November 10th

Monday there will be a peaceful civil disobedience sit in at Fresno City Hall that was organized by the youth. They said even though they weren't old enough to vote, they wanted their voices to be heard. (Photo: Bjorn Smestad)

There is also a strong movement within the GLBT Community now to strip the CJCLDS (Mormons) of its tax exempt status as they contributed approximately forty to seventy percent of the budget for the elimination of the rights of gays and lesbians to marry from the Constitution of California. 262,405 people so far have signed a petition to have Proposition Eight reopened by Governor Arnold Schwarzenegger.

WHY ARE ANTI GLBT LEGISLATION
AND BALLOT INITIATIVES UNCONSTITUTIONAL?

What these recent, legal recourse actions, moral/religious issues, legal loopholes, and Calvinistic social engineering policies are ultimately going to come down to is a Constitutional fight between "Full Faith And Credit" (Article 4, Section1) versus "Congress shall make no law" (1st Amendment). Let me explain at least the basics first then we can get to some grittier details.

We have at a minimum two parts to the Constitution at war with one another and both have been abused at the Federal and State levels of government. Every citizen should look at the Constitution of the United States as a legal document with amendments. These amendments revise the original text or modify the way said original agreement is carried out. And it does so in writing so there is no failure of communicating the intent of either the original agreement or the amendment to that agreement.

There is a particular passage of the Constitution, called the Full Faith And Credit Clause, which regulates legal recognition of judgements and very clearly presumes that privilege in regards to marriage to the State not the Federal Government. However the Constitution also clearly directs that, each state will recognize the legal actions or judgments towards a Citizen in or by another State.

Full Faith And Credit Clause also stipulates that Congress gets to determine by legislation how much the individual States have to recognize another States actions or endowment. So this is an issue of Enumerated Powers as well. This is where the Defense of Marriage Act (1996?) attempted to fund its "Constitutional Source of Validity" however that is also where the First Amendment now comes into play too!

Unless you look at the Constitution as a legal document, with amendments (which correct or modify the entire document unless specifically enumerated and cited within the text), the Country would then have a major conflict within the document itself. Ultimately all of these issues will come down to a Supreme Court and Congressional showdown in the next three years. It may even result in the GLBTIQAS Community loosing more rights.

That conflict will only be resolved by a Constitutional Convention being held to remedy this situation entirely. I am not sure we are ready nor do we have the fortitude our Founding Leaders did when writing the original document and we will probably screw it all up. It was only because of the 2003 Lawrence v. Texas decision that we now have the right to have sex without fear of repercussions and even still people are being persecuted for "crimes against natural law" due to some over zealous Christian politicians trying to override our basic Civil Rights and equality in certain Southern States and the Armed Services.

Even though the particular obstruction in the First Amendment specifies the Freedom To Assemble; nevertheless, (wiki) "it has been interpreted to include the freedom of association by the United States Supreme Court. The Court has held that the freedom of association is an essential part of the Freedom of Speech also because, in many cases, people can engage in effective speech only when they join with others. The Supreme Court has found the Constitution to protect the freedom of association in two cases:

1. Intimate Associations. A fundamental element of personal liberty is the right to choose to enter into and maintain certain intimate human relationships. These intimate human relationships are known as "intimate associations." The paradigmatic IA is the family.

2. Expressive Associations, groups engaging in activities protected by 1st Amendment speech, assembly, petitioning government for a redress of grievances, and the free exercise of religion."

The First Amendment does something really special and freaky at the same time:

1. Each right guaranteed or restriction placed on the government applies to the individual and then the group. In the recent Heller v. Washington D.C. case regarding the 2nd Amendment they clarified as such and over turned the D.C. gun ban. When our fourth President James Madison wrote the Constitution and the Bill of Rights one of the driving forces behind our decision to be a Republic or representative democracy rather than a strict Democracy was to assure minority rights over the majority rules or common opinion.

Democracy, even as proven by Grecian culture studies of historical life in Athens vs. Sparta, is more evil than Communism or Socialism. Sparta had it right about same sex attraction and activities is a good thing and women should be liberated and part of the public discourse not shoved into the house to clean and be quiet.

2. Beginning a statement with "Congress shall make no law" is as broad and direct as it gets. This means it applies to the whole Constitution as well, including the Full Faith And Credit Clause's provision for legislation to govern how much one State has to recognize another State's actions, this includes marriage as an association of persons.

3. Marriage is an association of persons?

Yes at its core a marriage contract is a social or civil society association of two or more people in common bond and legal enterprise. It is a joining of individuals' fiscal as well as emotional and intimate resources and liabilities. Therefore marriage is protected from the State under the First Amendment as a freedom of association assuming that all parties are still equal in the transaction and no rights are removed from the individuals joining together in such an agreement.

So what are you asserting here?

I am asserting that in so far as the First Amendment protects the individual as well as the collective or group, from Congress passing any law to establish or obstruct the freedom of assembly/association, it also prevents by amendment, Congress from using their legislative power, under full faith and credit, to limit or restrict personal relationships as they fall under the freedom to assemble or associate oneself to another. Therefore the Defense of Marriage Act of 1996 is Unconstitutional and the States do not have the legal right to deny another States recognized same sex marriage or adoption of children by gay parents. While the States might be able to retain the right to register and have some regulation over marriage in their borders, the United States Congress cannot. The Supreme Court on the other hand is a different story; they are not obstructed by the Constitution!

It is time to rectify these abuses of our Constitution!
It is time for all to be treated equally not just be created that way!
It is time for freedom to take hold and liberty to actually ring true!
It is time for you to join the Libertarian Party the only one that believes that
government doesnt have the authority to define, license or restrict, personal relationships!