I am NOT an activist, but...

samspencer's picture
Posted by samspencer on Wed, 11/05/2008 - 12:03pm in

I am by no means an activist - not for the environment, not for so-called GLBT rights, not for any political party.
 
What I am is an American, afforded equal rights under the law by the Constitution of the United States of America.
 
The whole of our nation should be celebrating the election of Barack Obama to the highest office, but as GLBT citizens, we - and I - cannot be quiet about the passage of California's Proposition 8.  I will not be denied my rights; I will not be made a second class citizen.
 
FOR YOUR CONSIDERATION:
 
How all citizens are protected in the US Constitution (emphasis mine):
Amendment XIV, Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
 
How marriage and other rights are defined in the Nevada Constitution (emphasis mine):
Article 1, Section. 1.  Inalienable rights.  All men are by Nature free and equal and have certain inalienable rights among which are those of enjoying and defending life and liberty; Acquiring, Possessing and Protecting property and pursuing and obtaining safety and happiness[.]
Article 1, Section 2.  Purpose of government; paramount allegiance to United States.  All political power is inherent in the people[.] Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair[,] subvert, or resist the Supreme Authority of the government of the United States. The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.
Article 1, Section 21.  Limitation on recognition of marriage.  Only a marriage between a male and female person shall be recognized and given effect in this state.
 
***
 
Summary:  All citizens of the United States are to be treated equally; All persons who live in Nevada are free and equal; the state of Nevada cannot deny citizen of Nevada any rights guaranteed by the Supreme Authority of the Unites States, lest the state of Nevada be occupied by Federal Troops; no marriages in Nevada are to be recognised that are not between one man and one woman.  Did you catch the contradiction?
 
***
 
I encourage  you, my friends, who are in a committed relationship that would be considered a stepping stone to marriage (if you were straight). and who want to get married, to do the following:
 
1.  Visit the Marriage License division of the Washoe County Courthouse at 75 Court Street in Downtown Reno with your partner and request a Marriage License Application.  You will be denied.
 
2.  Contact a lawyer and sue the city of Reno in Washoe County Court for denying your your  rights as guaranteed by Article 1, Sections 1 and 2 of the Nevada Constitution.  You will lose.
 
3.  Appeal your lawsuit to to the Nevada Supreme Court. 
 
4.  If necessary, an appeal to the Ninth Circuit Court of Appeals.  This is when you bring out the Fourteenth Amendment of the US Constitution, which makes your case a federal issue.
 
Your rights, my rights, our rights as citizens of Nevada, of the United States of America, MUST be fought for.  Bigotry written into any state constitution whithers and dies before the awesome, supreme authority that is the United States Constitution.  It always has, it always will.  It is the basis of our nation, the reason we survive and endure.
 
Marriage is a civil right.  What is afforded to one MUST be afforded to all. 

and I dare you to wear the label proudly.

SKDJAM_RENOCPL's picture

EtheDJ & KtheEditor
In an expanding universe, time is on the side of the outcast. Those who once inhabited the suburbs of human contempt find that without changing their address they eventually live in the metropolis.
Quentin Crisp

SKDJAM_RENOCPL's picture

Thank you and Bless you!  You have made the most profound point I have heard in quite some time!  We will pursue your suggestion. I do feel it better as have others who have taken this bold step before to have a civil rights / ACLU attorney at the ready who would be willing to take the case pro bono.  So if you happen to know an ACLU attorney here in Reno? I will check with the Nevada state ACLU.  If possible the more people who do this will create a class action suite. Also getting a Nevada State lawmaker to come on board for support would be helpful also.  I will start researching this.  Do you and Bill plan on doing this?  

EtheDJ & KtheEditor

 In an expanding universe, time is on the side of the outcast. Those who once inhabited the suburbs of human contempt find that without changing their address they eventually live in the metropolis.
Quentin Crisp

“Hope will never be silent!"  Harvey Milk quote