The post below is in response to comments from my brother-in-law, whom disagrees with me on virtually all things political.
Preface.
The Constitution delineates rights guaranteed to us. Amendment 9 of the Constitution mentions other rights retained by the people, but does not specify what they are. It is my firm belief that those who ratified the Bill of Rights knew this Amendment to refer to rights granted to us by God. However, since I don’t know your beliefs, lets rely on the rest of the Constitution for sake of argument. We can save theology for another discussion, but I believe we can all agree that the Ninth Amendment was not alluding to abortion rights or gay marriage.
A Conservative stance on enacting a law.
Conservatives, in general, believe in enacting laws only when necessary. If one person’s action does not infringe on another person’s rights, then there is no need to consider passing a law prohibiting that action. If one person’s action does infringe on another’s person’s rights, then and only then should a law be considered, and only if absolutely necessary to guarantee the second person’s rights.
Abortion.
If abortion was only about a woman’s rights and her body, no true conservative would try to prohibit the practice, no matter how abhorrent the action. However, abortion is not only about a woman’s rights and her body, it is also about the rights of a second person, the unborn child. The action of abortion clearly denies the liberty of the unborn child who is defenseless. Thus, if you believe the unborn child is a person, and you hold to the conservative opinion of laws I articulated above, you must also agree that an acceptable law is one that bans abortion.
There is no constitutional guarantee allowing any person to commit murder. Conversely, the Constitution does protect liberty, which is denied the unborn child by the act of abortion. Thus, the Constitution at its inception did protect the child and any law denying the rights of that child are unconstitutional and should be overturned. Any further law or action prohibiting the rights of the baby are also unconstitutional and should be prohibited. You cannot believe the unborn child is a life and also reason that abortion is a right, as the act of abortion is in conflict to the Constitution by denying another’s liberty.
If you don’t believe the unborn child is a life, then we need to have another debate altogether. There are a number of scientists and doctors who believe the unborn child is alive. There is legal precedent stating that the unborn baby is a life. Example, Scott Peterson was tried and convicted of double homicide, for the murder of his wife and the unborn baby. How can the murder of the baby be homicide if it is not a life? If it is a life, then why is the mother permitted to murder it, but no one else?
Gay Rights / Gay Marriage.
Where in the constitution or elsewhere are rights guaranteed to other people but excluded specifically for homosexuals? I can’t find any such example. Homosexuals have the exact same rights that I do. I might also argue that they have more by way of hate crimes legislation, which punishes crimes against them greater than crimes against me, and thus values their lives and liberty above mine. But that is another argument for another time. The topic at hand is the supposed “trampling” of gay rights... where that supposedly has happened is beyond me.
Homosexuals have the very same rights I do, marriage included. I have the right to marry any adult of the opposite sex (or I did until I got married). So do they. Where is the infringement of their rights? Where are they precluded from rights that other citizens have? I can’t lose a million dollars if I never had it to begin with, and homosexuals can’t lose the right to gay marriage if it never existed before. You cannot trample on rights that do not exist.
People clamoring for gay marriage are looking for special rights to be given to a subset of the population. This is the truest example of a slippery slope. If you are going to make special rights exclusively for homosexuals, where do you draw the line? Can members of NAMBLA marry little boys? Can a cat lover marry her cat, giving spousal rights to Fluffy? No. Are those actions infringing on anyone else’s rights? That’s debatable but not the point. If the law doesn’t exist, it cannot have been denied to them. Homosexuals have not been denied any rights by protecting the traditional definition of marriage.
Would it make some homosexuals happy to marry other homosexuals? Maybe, but is that really the standard we want to give when deciding when a law should be created? It would make my wife and I happy for our anniversary to be a national holiday. Should a law be enacted that does that?
Conclusion.Clearly no rights are "trampled" upon by those who do not support gay marriage. Homosexuals have the same rights that any other person has, arguably they have more, but definitely they have no less. Additionally women have lost no rights when the sanctity of life is protected. The Constitution protects everyone's liberty. Laws and rights should be protected equally. No special exceptions should be made for mothers, homosexuals, or anyone else.