A Thesis for the Gay and Lesbian Citizens of the State of California
| By jessica - Jun 14th, 2009 at 1:15 pm PDT |
| Also listed in: Visalia Equality Team - Courage Crusaders |
Gay.com Gay.com – Thu Jun 11, 3:46 pm ET
Throughout history, injustice has often been met with protest, taking on many different forms such as marches, rallies, boycotts, riots, hunger strikes, lawsuits, and civil disobedience. Consider the case of Dr. Martin Luther, a German theologian and Augustinian monk. On October 31st, in the year 1517, Luther, who was then a professor of Theology at the University of Wittenberg in Germany, nailed a document on the door of the “Schlosskirche” (Castle Church) located in Wittenberg.
This document now known as the “95 Thesis” was a response in protest to the selling of indulgences by the Catholic Church. This act of protest brought about the beginning of significant change within the Church as a whole and inspired the Protestant Reformation.
Today, we are engaged in a struggle for change yet again, as the State tries to define the meaning of the word marriage and who among us has the rights to the benefits of such an alliance. Before we can decide the question of who has the rights to marry, we must ask the question “Who has the right to decide what the definition of marriage is?â€
fulfill their inalienable right to life, liberty, and the pursuit of happiness.
We have standing for our argument in the Nations’ founding documents. Further standing for the argument against Proposition 8 can be made on the grounds that marriage is a civil matter, with licenses being issued by the State and not the Church. Support for our position can also be found in the Bible, when you consider that the concept of marriage is about loving another person. Paul in his first letter to the Corinthians writes:
“Love is patient and kind. It does not envy, it does not boast, it is not proud. Love is not rude, it is not self-seeking, it is not easily angered, and it keeps no records of wrongs. Love does not delight in evil, but delights in truth. Love always protects, love always trusts. Love always hopes, love always perseveres, and love never ends. Three gifts have been given to us—they are faith, hope and love—and the greatest of these is love. Therefore, make love your aim.” 1st Corinthians, Chapter 13
And so, we, the Gay and Lesbian citizens of the State of California, seeking only to love one another and live self-determined lives, enumerate the following truths as we define our rights and defend our argument against Proposition 8:
1. We, the Gay and Lesbian citizens of the State of California, a State of the United States of America, being subject to the laws and regulations of both State and Union, are bound together with our brother and sister citizens in the words of our Founding Fathers, that all men are created Equal, and that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness, as granted by the Declaration of Independence, which was signed by the U.S. Congress on July 4th, 1776.
2. We are entitled to live in peace along with our brothers and sisters, free from the confines of religious persecution, and are also entitled to enjoy the separation of Church and State, as guaranteed by the First Amendment to the Constitution of the United States of America, ratified on December 15, 1791.
3. We are entitled to worship God as we see fit, or not, and to seek out our own truth, without the interference from peripheral or literal interpretations of the Bible.
4. We, being citizens of both State and Union, are bound by the rule of the laws of this State and Union, and therefore are entitled to the same rights and privileges as our brothers and sisters who are granted such rights by those laws. We do not seek special rights, only equal rights justly applied.
5. We are required to pay taxes to both the State and Union, and therefore should be equally accorded all the rights of certain privileges and tax benefits given to our brother and sister citizens, whether through business or personal associations.
6. We are entitled to the right of self-determination, and as such are entitled to decide how best to fulfill our inalienable rights to life, liberty, and the pursuit of happiness, so long as we abide by the laws of the State and Union, contribute to the general welfare, and do not engage in the harming of other persons.
7. We are entitled to live out the truth of our lives openly, honestly, and with respect and dignity, so that we may achieve our right to life, liberty, and the pursuit of happiness without the interference of governments, churches, associations, or individuals who seek to dehumanize and demonize us.
8. We are entitled to equal protection under the law, when it comes to employment, housing, education, and other such necessary social services and activities that relate to our contribution to the general welfare of both the State and Union.
9. We are entitled to protection under the law, when our security and general welfare are being threatened with physical and mental violence, including such protections which would be classified under hate-crime laws.
10. We have the right to seek protection as a minority class and to seek the protections granted to other minority groups through the laws of the State and the Union, which include, but are not limited to, such legislation as the Employment Non-Discrimination Act.
11. We are entitled to choose our partners or spouses, free from the interference of governments, churches, associations, and individuals who might consider such relationships harmful or detrimental to the general welfare. Our right to self-determination supersedes the right of such entities to decide how we are to live our lives, who we choose to live with, and how we contribute to our own well being.
12. We are entitled to due process when it comes to the implementation of rights which are granted or denied by initiative or electoral processes, as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States of America.
13. We are entitled to a review of due process when governments, churches, associations, and individuals impose certain limitations and regulations upon the citizens of our community through initiative, electoral, or judicial processes.
14. We, being full-fledged citizens of the State and Union, and having the right to self-determination, are entitled to enjoy the separation of Church and State, and as such, are not bound by any religious definition of marriage, and as such are entitled to enjoy the benefits of partnerships which are granted to our brothers and sisters through the act of civil marriage.
15. We are not bound by a spiritual requirement to enjoy the benefits of civil partnership or marriage. Neither are our brothers and sisters. Churches may impose a spiritual requirement on the sacrament of marriage, but are limited from imposing their will upon civil ceremonies as granted by the separation of Church and State. Therefore, the Church’s authority over marriage is not valid.
16. We are entitled to the same reproductive rights as our brothers and sisters, and as such, so long as we abide by the laws of the State and Union, and contribute to the general welfare through the payment of taxes, have the right to raise our children without the interference of governments, churches, associations, and individuals who may consider such family relationships harmful or detrimental. Each family, so long as all are citizens of the State and Union, contributes to the general welfare, and does not engage in the harming of other persons, has that right to self-determination.
17. We are entitled to the same right of privacy granted to our brothers and sisters, and as such, have the right to determine the course of our relationships without the interference of governments, churches, associations, and individuals who may consider such relationships harmful or detrimental, so long as such privacy does not endanger or harm other persons, nor violate the laws of the State or Union.
18. We are entitled to the enjoyment of economic prosperity through the efforts of our labors, and through the efforts of our own self-determination.
19. We have the right to seek, through all civil and political spheres, changes which we deem necessary in order to gain new rights, benefits, and protections from harm, in order to secure our right to life, liberty, and the pursuit of happiness, as well as our right to self-determination.
20. We have the right to contribute to the general welfare of our State and Union, and as such, should be accorded the right to serve in the armed forces of the United States of America openly, in a dignified and respectable manner. It is the self-determined right of every person to defend their Nation.
21. We, being entitled to equal treatment under the law, are also entitled to equal treatment as our brothers and sisters in the arenas of medical care and decisions, insurance coverage, adoption, workers compensation, victim’s rights, lawsuits, property, probate, inheritance, and other such rights granted to married heterosexual partners.
22. We have the right to redress unnecessary and illegal persecution and discrimination from the citizens of the State, and have the right to address our grievances in Courts of Law, the State Assembly, the United States Congress, the electoral process, and if necessary through civil disobedience.
23. We have the right to seek corrections in laws which contain persecution and discriminatory language which are achieved through the abuse of judicial and electoral processes that were meant to protect the rights of the citizens of the State and Union, and as such have the right to seek out the changes necessary to ensure our right to life, liberty, the pursuit of happiness, and self-determination.
24. We have the right to correct the injustice brought upon us through the course of Proposition 8, and the California Supreme Court decision of May 26, 2009, and as such will seek to address our concerns through the electoral and legal processes with the help of our sympathetic brothers and sisters who agree with our cause.
25. We, the Gay and Lesbian citizens of the State of California, have the right to ensure that any attempt to deny us basic civil liberties in the future will be met with our fullest efforts, through the Courts of Law, to secure that which we deem is necessary to fulfill our right to life, liberty, the pursuit of happiness, and self-determination.
The inalienable rights to life, liberty, and the pursuit of happiness, and the entitlement to enjoy them were granted to all citizens of the Nation, not just a select class. These are the basic tenants of freedom and are irrevocable. It is unconstitutional to take away a persons right to self-determination, and yet today, the Gay and Lesbian citizens of California are being forced to surrender their self-determination to the whim of the voters while Proposition 8 remains in effect. Perhaps it is time to visit the door of your local church once again.
Ken Potter is a freelance musician, singer, and composer living in the Los Angeles area. He is an accomplished keyboard player and arranges for vocal groups all across the country. Aside from that, he lives a quiet life. He is hoping this article reaches the ears of the religious community all over the state. This article is his first venture into the political arena.
Throughout history, injustice has often been met with protest, taking on many different forms such as marches, rallies, boycotts, riots, hunger strikes, lawsuits, and civil disobedience. Consider the case of Dr. Martin Luther, a German theologian and Augustinian monk. On October 31st, in the year 1517, Luther, who was then a professor of Theology at the University of Wittenberg in Germany, nailed a document on the door of the “Schlosskirche” (Castle Church) located in Wittenberg.
This document now known as the “95 Thesis” was a response in protest to the selling of indulgences by the Catholic Church. This act of protest brought about the beginning of significant change within the Church as a whole and inspired the Protestant Reformation.
Today, we are engaged in a struggle for change yet again, as the State tries to define the meaning of the word marriage and who among us has the rights to the benefits of such an alliance. Before we can decide the question of who has the rights to marry, we must ask the question “Who has the right to decide what the definition of marriage is?â€
fulfill their inalienable right to life, liberty, and the pursuit of happiness.
We have standing for our argument in the Nations’ founding documents. Further standing for the argument against Proposition 8 can be made on the grounds that marriage is a civil matter, with licenses being issued by the State and not the Church. Support for our position can also be found in the Bible, when you consider that the concept of marriage is about loving another person. Paul in his first letter to the Corinthians writes:
“Love is patient and kind. It does not envy, it does not boast, it is not proud. Love is not rude, it is not self-seeking, it is not easily angered, and it keeps no records of wrongs. Love does not delight in evil, but delights in truth. Love always protects, love always trusts. Love always hopes, love always perseveres, and love never ends. Three gifts have been given to us—they are faith, hope and love—and the greatest of these is love. Therefore, make love your aim.” 1st Corinthians, Chapter 13
And so, we, the Gay and Lesbian citizens of the State of California, seeking only to love one another and live self-determined lives, enumerate the following truths as we define our rights and defend our argument against Proposition 8:
1. We, the Gay and Lesbian citizens of the State of California, a State of the United States of America, being subject to the laws and regulations of both State and Union, are bound together with our brother and sister citizens in the words of our Founding Fathers, that all men are created Equal, and that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness, as granted by the Declaration of Independence, which was signed by the U.S. Congress on July 4th, 1776.
2. We are entitled to live in peace along with our brothers and sisters, free from the confines of religious persecution, and are also entitled to enjoy the separation of Church and State, as guaranteed by the First Amendment to the Constitution of the United States of America, ratified on December 15, 1791.
3. We are entitled to worship God as we see fit, or not, and to seek out our own truth, without the interference from peripheral or literal interpretations of the Bible.
4. We, being citizens of both State and Union, are bound by the rule of the laws of this State and Union, and therefore are entitled to the same rights and privileges as our brothers and sisters who are granted such rights by those laws. We do not seek special rights, only equal rights justly applied.
5. We are required to pay taxes to both the State and Union, and therefore should be equally accorded all the rights of certain privileges and tax benefits given to our brother and sister citizens, whether through business or personal associations.
6. We are entitled to the right of self-determination, and as such are entitled to decide how best to fulfill our inalienable rights to life, liberty, and the pursuit of happiness, so long as we abide by the laws of the State and Union, contribute to the general welfare, and do not engage in the harming of other persons.
7. We are entitled to live out the truth of our lives openly, honestly, and with respect and dignity, so that we may achieve our right to life, liberty, and the pursuit of happiness without the interference of governments, churches, associations, or individuals who seek to dehumanize and demonize us.
8. We are entitled to equal protection under the law, when it comes to employment, housing, education, and other such necessary social services and activities that relate to our contribution to the general welfare of both the State and Union.
9. We are entitled to protection under the law, when our security and general welfare are being threatened with physical and mental violence, including such protections which would be classified under hate-crime laws.
10. We have the right to seek protection as a minority class and to seek the protections granted to other minority groups through the laws of the State and the Union, which include, but are not limited to, such legislation as the Employment Non-Discrimination Act.
11. We are entitled to choose our partners or spouses, free from the interference of governments, churches, associations, and individuals who might consider such relationships harmful or detrimental to the general welfare. Our right to self-determination supersedes the right of such entities to decide how we are to live our lives, who we choose to live with, and how we contribute to our own well being.
12. We are entitled to due process when it comes to the implementation of rights which are granted or denied by initiative or electoral processes, as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States of America.
13. We are entitled to a review of due process when governments, churches, associations, and individuals impose certain limitations and regulations upon the citizens of our community through initiative, electoral, or judicial processes.
14. We, being full-fledged citizens of the State and Union, and having the right to self-determination, are entitled to enjoy the separation of Church and State, and as such, are not bound by any religious definition of marriage, and as such are entitled to enjoy the benefits of partnerships which are granted to our brothers and sisters through the act of civil marriage.
15. We are not bound by a spiritual requirement to enjoy the benefits of civil partnership or marriage. Neither are our brothers and sisters. Churches may impose a spiritual requirement on the sacrament of marriage, but are limited from imposing their will upon civil ceremonies as granted by the separation of Church and State. Therefore, the Church’s authority over marriage is not valid.
16. We are entitled to the same reproductive rights as our brothers and sisters, and as such, so long as we abide by the laws of the State and Union, and contribute to the general welfare through the payment of taxes, have the right to raise our children without the interference of governments, churches, associations, and individuals who may consider such family relationships harmful or detrimental. Each family, so long as all are citizens of the State and Union, contributes to the general welfare, and does not engage in the harming of other persons, has that right to self-determination.
17. We are entitled to the same right of privacy granted to our brothers and sisters, and as such, have the right to determine the course of our relationships without the interference of governments, churches, associations, and individuals who may consider such relationships harmful or detrimental, so long as such privacy does not endanger or harm other persons, nor violate the laws of the State or Union.
18. We are entitled to the enjoyment of economic prosperity through the efforts of our labors, and through the efforts of our own self-determination.
19. We have the right to seek, through all civil and political spheres, changes which we deem necessary in order to gain new rights, benefits, and protections from harm, in order to secure our right to life, liberty, and the pursuit of happiness, as well as our right to self-determination.
20. We have the right to contribute to the general welfare of our State and Union, and as such, should be accorded the right to serve in the armed forces of the United States of America openly, in a dignified and respectable manner. It is the self-determined right of every person to defend their Nation.
21. We, being entitled to equal treatment under the law, are also entitled to equal treatment as our brothers and sisters in the arenas of medical care and decisions, insurance coverage, adoption, workers compensation, victim’s rights, lawsuits, property, probate, inheritance, and other such rights granted to married heterosexual partners.
22. We have the right to redress unnecessary and illegal persecution and discrimination from the citizens of the State, and have the right to address our grievances in Courts of Law, the State Assembly, the United States Congress, the electoral process, and if necessary through civil disobedience.
23. We have the right to seek corrections in laws which contain persecution and discriminatory language which are achieved through the abuse of judicial and electoral processes that were meant to protect the rights of the citizens of the State and Union, and as such have the right to seek out the changes necessary to ensure our right to life, liberty, the pursuit of happiness, and self-determination.
24. We have the right to correct the injustice brought upon us through the course of Proposition 8, and the California Supreme Court decision of May 26, 2009, and as such will seek to address our concerns through the electoral and legal processes with the help of our sympathetic brothers and sisters who agree with our cause.
25. We, the Gay and Lesbian citizens of the State of California, have the right to ensure that any attempt to deny us basic civil liberties in the future will be met with our fullest efforts, through the Courts of Law, to secure that which we deem is necessary to fulfill our right to life, liberty, the pursuit of happiness, and self-determination.
The inalienable rights to life, liberty, and the pursuit of happiness, and the entitlement to enjoy them were granted to all citizens of the Nation, not just a select class. These are the basic tenants of freedom and are irrevocable. It is unconstitutional to take away a persons right to self-determination, and yet today, the Gay and Lesbian citizens of California are being forced to surrender their self-determination to the whim of the voters while Proposition 8 remains in effect. Perhaps it is time to visit the door of your local church once again.
Ken Potter is a freelance musician, singer, and composer living in the Los Angeles area. He is an accomplished keyboard player and arranges for vocal groups all across the country. Aside from that, he lives a quiet life. He is hoping this article reaches the ears of the religious community all over the state. This article is his first venture into the political arena.
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