Saturday, April 26, 2008

Crossing Constitutional Lines

One of the greatest freedoms enjoyed by citizens of The United States of America is the ability to worship God in the way which we each individually believe to be proper and in our own tradition. So how then can one come to terms with the fact that because of religious practice children have been separated from their mothers, perhaps forever?

We are a nation of laws so when a law comes into conflict with a religious practice, which then must ultimately prevail? Is it not true that the law must prevail in favor of the greater good of society? In example if a religion demanded that some human sacrifice be offered would the law step aside so as not to offend the Constitutional right of the individual to practice human sacrifice?

Clearly laws against murder would and should prevail over such religious practice. But as it relates to this subject, what of the practice of polygamy? Is there harm caused to any who practice such in thing in the name of religion? You might get more than a few differing opinions on that issue.

At one time it was illegal to engage in sexual acts with anyone other than a marriage mate. Today people fornicate at will and it has become our televised recreational entertainment format.

We live in times where homosexual practice is not frowned on by any but a few, homosexuality is in fact celebrated even having a special month set aside so that we might all accept this practice as a rational lifestyle choice. Why then is there so much societal contempt for any who would openly practice multiple marriages?

The reason for marrying in the scriptural sense is to produce offspring and form solid familial relationships for the good of society. Is there any proof that a man having many wives cannot have familial relationship with multiple wives and any resulting children? I suspect that any man who is committed to fathering many children in a closed society is prepared to act as a father to all such offspring.

At this point I must remind the reader that I am in no way in favor of such relationships and do not write this to defend such individuals. I defend them in the practice of polygamy no more than I defend homosexuals in their practices. I simply raise these questions in order to consider the legal ramifications of such a situation.

No one has the legal right to marry and take as wife a girl below the legal age as determined by the legislature of any state. So it is futile to argue such a point unless it was my intended purpose to see that age lowered. That is not my intended purpose.

But what of when one takes action against an entire community when not all within the community are proven to be guilty of violations of law? Can any American citizens sit idly by without sacrificing the protections afforded us all by our Constitution?

In Texas we have seen what I believe to be a serious breech of Constitutional law. A compound of polygamists was raided by heavily armed law enforcement officials basing that raid on a telephone call which was later discovered to have been a false report.

Can we overlook this incident simply because it was proven after the fact that some of the children within this sect have clearly been victimized? It is my personal view after having seen news coverage of some of these “Stepford Wives” that this type of practice makes victims of all members.

But Constitutional law does not answer to my opinion or that of anyone else but perhaps the Justices of our Supreme Court who are charged with interpreting the law. And even then it is done only by a consensus of the majority.

Though not a perfect system of justice it is far better than many which come to mind. So it is clearly important that those who are at the seat of government, the members of the House of Representatives who are responsible for representing the views of their constituents, and also the responsibility of their counterparts in the Senate to fulfill their pledge to defend the Constitution.

Even if the situation in Texas is not a direct attack upon our Constitution it is certainly a blow to that founding document. No American should be willing to allow what has and is taking place in Texas to transpire without the full investigatory powers of The United States Congress.

It is the responsibility of Congress to keep close watch on this situation in order to assure that the Constitutional rights of any citizen within this segment of our society is not harmed. Just because we might not agree with such people we should not be too cavalier with our opinions.

Next time someone decides to “protect the rights” of someone it might be at the cost of our own rights. In order to prevent that from ever happening we must all remain vigilant against any attack upon our Constitutional rights.

Mayflower Descendant
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