20 March 2006

Universal Declaration of Human Rights

Universal Declaration of Human Rights:
"Article 16.

(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.

(2) Marriage shall be entered into only with the free and full consent of the intending spouses.

(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
"

Okay, so I know any lawyer (or even law student for that matter) could pick my argument apart while stoned or half-asleep, but hear me out.

Marriage is a Universal and Fundamental right for Men and Women, and no limitation of race, nationality or religion may be used to keep them from their intended spouse here in the United States or any signatory country, as long as they are of full age and capacity.

From my viewpoint, no matter what language is used to couch it, the attempts to keep same-sex couples from legal recognition is based soley on an animus stemming from religious beliefs. Call me crazy, but it sounds like limitations due to religion.

No where does the Declaration expressly allow for discrimination based on sexual orientation, and strict constructonist that I am, powers are only ever expressly derived from governing documents. Implied powers cannot hold up against fundamental rights. Simply because something is not forbidden (discrimination based on sexual orientation), does not mean it is allowed.