The Laws of Marriage, Unjust Discrimination?

The institution of marriage is being challenged in this nation. There are those who would redefine it and are using the 14th amendment as justification for this new definition. While the traditional definition was based around the idea of gender this new definition would use sexual orientation as the basis of it to show discrimination. The problem is not as complicated as one would think. It just has many facets that need answers to if we are to solve this problem in a righteous and moral manner.

There are those who will say that marriage is a religiously based institution. If so, then it becomes a first amendment issue not a 14th amendment issue. Some will say that it discriminates based on denial of benefits. If so, then it must be the laws in regards to those benefits that must change in order for the government to give equal treatment not the laws of marriage.

Some would claim that the laws in regards to marriage makes certain persons second class citizens. This would require us to examine the intent and purpose of the institution of marriage. And in doing so we must not consider the intent of the individual who seeks to bond with another in marriage. Only then can we determine whether a person is being unjustly discriminated against or even if the charge of discrimination is a just grievance.

We must recognize that there is a difference in just feeling like you have been discriminated against and whether or not you are actually being discriminated against. Feelings alone does not justify a charge of discrimination. And just wanting something does not justify a charge of discrimination in order to obtain what you want.

If we are to declare that the government is to treat everyone as if they were equals then we must determine whether or not any laws enacted denies any individual the opportunity to partake in a marriage contract as stipulated in the laws. Only then can it be declared that a person has been denied his rights.

So, the question becomes “does the laws in regards to marriage deny the rights of an individual, any individual? What are the laws in regards to marriage? And how must we answer the question of discrimination?

The first law of marriage is that it is a gender based institution. In other words the participants in the formation of this smallest of collectives must be a man and a woman. This fact is a time honored as well as a universally honored determinant. Does this requirement prevent any individual to be a participant in the institution of marriage? The answer must be no. For every person is of one of these genders.

Another law of marriage is that it is an age based institution. In other words the participants in the formation of this smallest of collectives must be of a certain age. Does this prevent any individual the right to be a participant in the institution of marriage? The answer must be yes. It serves to prevent those persons who do not meet this requirement to be a participant in the institution of marriage. This is a culturally determined requirement and this requirement is not a uniform requirement among the many cultures.

But it is an accepted requirement based upon the fact that society accepts that persons be mature enough to carry out their responsibilities of their role in the marriage. And here may be a problem because we then must determine what the role of each person is so as to evaluate whether or not a person has the capability as well as the maturity to carry out their role. And age is the arbitrary determinant that the State uses to declare that the participants meet this requirement.

And we can find within this requirement the one question that must be answered in order to determine whether or not certain collectives of any society can be said as justifiably discriminated against. Do each participant have all of the capabilities that is required to carry out their role in a marriage?

What capability does a man have by the nature of his being, if any, that would require that he be a participant in a marriage?  What capability does a woman have by the nature of her being, if any, that would require that she be a participant in a marriage? And if not at the present time, was there ever a time it can be said that they did and age and/or nature was a factor in their incapability now?