James Younce wrote:

JY) Granted, the text of the bill makes you think that his intent is to
reduce the federal government's role in marriage and give more rights to the
state; however, it does not sit well with me that he specifically is trying
to limit the Federal jurisdiction over state/local government laws regarding
marriage and then only as it relates to sex or sexual orientation.  He makes
no mention of state/local laws regarding marriage as it relates to religion,
race, ethnic background, country of origin, disability or any other
protected characteristic.  Why only as it relates to sex or sexual
orientation?  (JY

It might be because that is the only area for which there is a prospect of
Federal leverage on marriage being exerted -- in which case we should ask
him if he supports http://en.wikipedia.org/wiki/Loving_v._Virginia, the 1967
landmark case that overturned state laws against miscegenation.  It might be
because, while he disagrees with the states' interest in procreation, he
thinks that the states' interest in procreation meets a
http://en.wikipedia.org/wiki/Rational_basis_review, while the states'
interest in racial mixing does not.  Or, he may just be a "homophobic
bigot".  If only we had a mind-reader who could tell us for sure...

JY) [the  Marriage Protection Act] makes no sense because it is saying that
the Federal courts have no jurisdiction over Federal law.  (JY

I agree it's a ham-handed attempt to prevent the prospective use of Federal
leverage against the states' ability to tie marriage in some way to
procreation.  However, the Constitution says in Art 3 Sec 2: "In all Cases
affecting Ambassadors, other public Ministers and Consuls, and those in
which a State shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall make."  I don't
think the framers should have given this power to Congress, but it's just
not tenable to claim that the MPA is prima facie unconstitutional because it
limits the jurisdiction of federal courts.
 
Of course, I'm only reading the "straight white suburban guy" version of the
Constitution.  The gay version may say something completely different.

JY) I believe Ron Paul is a Constitutionalist, not a Libertarian.  (JY

He's a libertarian who believes that the Constitution is by far our best
hope for rolling back the federal government's insertion of its tentacles
into all aspects of American life.  I don't agree with Paul that at this
point in history the federal government cannot be trusted to protect
negative liberties from the actions of the states.  However, Paul seems to
judge that the federal government still gets negative liberties wrong often
enough, and has a bad enough track record on them over the long run, that
he'd rather use a chainsaw instead of a scalpel against the federal
positive-rights nanny-state octopus.  It's just not intellectually credible
to read Paul out of the libertarian movement because we disagree with this
judgment.

JY) And much like the Republicans & Democrats, he reroutes his philosophies
when it suits him.he's only a Constitutionalist when it doesn't reduce the
votes he gets.  (JY

This is a bizarre assertion.  There is surely no political figure on the
federal stage who has held his views as consistently as Ron Paul has over
the last quarter century.  The positions he takes are obviously not tailored
to his district, nor to his Christian co-religionists, nor to the Republican
Party, nor to the Libertarian Party, nor even to the Constitution Party.
You're confusing the positions he takes with how he selects and presents
them to various audiences.  Every political figure does this -- including
every presidential candidate the LP has ever nominated.

 

I disagree with many other of Paul's positions beyond just those related to
gay rights, but I still support his campaign because of its fundamental
message that the Constitution is the strongest lever for liberty in an
America whose morality should not be legislated.  I refuse to lump Paul in
with nanny-staters and socialists just because I disagree with how he
applies his message to some issues that are important to me as a
gay-friendly atheist liberventionist green geolibertarian.

 

Brian Holtz
blog: Knowing  <http://knowinghumans.net/> Humans
book: Human  <http://humanknowledge.net/> Knowledge
2006-2008 LP  <http://marketliberal.org/FixLP.html> PlatCom
2007-2009  <http://knowinghumans.net/search/label/LPCA> LPCA ExCom
2004-2008 for Congress,  <http://marketliberal.org/> CA14 (Silicon Valley)
<http://humanknowledge.net/> 

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