What is a Right

This was written by the father of a good friend:

Homosexual Marriage is Not a Right


Despite the financial crisis this nation now faces, the most important issue is the moral issue facing our state of California. The passage of Proposition 8 is essential for the well being of our children for generations to come. The traditional family structure is absolutely imperative for the continuance of our republic. Sadly, opponents to Proposition 8 have masterminded great deceptions to convince the voters of California against it. One of the greatest deceptions has been fostered by our own state political leaders including Debra Bowen (Secretary of State) and Jerry Brown (Attorney General). The official voter information guide published by the Secretary of State of California contains erroneous and incorrect information about Proposition 8. The proposition is falsely titled as: “Eliminates Right of Same-Sex Couples to Marry.” Homosexual marriage is not a right.


This falsehood about a homosexual marriage right is rooted in a misunderstanding of the origin of rights. Rights come from a divine source, not from government. This is very clear in our national birth certificate, The Declaration of Independence. The Declaration of Independence contains the fundamental doctrines of government upon which the U.S. Constitution was designed. The Declaration states that everyone is endowed by their Creator with unalienable rights including life, liberty and pursuit of happiness. These rights must come from a higher source than human governments; otherwise they would not be unalienable. The text of the Constitution does not even contain the word right; this is because rights were already defined in its source document: The Declaration of Independence. Thus, in reality, what we call Constitutional rights are really the inalienable rights from the Creator defined in the Declaration. The duty of any government is to protect these pre-existing rights, not to invent or manipulate them. In summary, since rights come from the Creator, an alleged right must be traced back to the Creator before it can qualify as a right.


The Declaration of Independence also contains a formula for determining rights. It states that all law and authority come from the Laws of Nature and the Laws of Nature’s God. The laws of nature are all of the laws of the universe discoverable by man; the laws of Nature’s God all of the revealed laws in Holy Scripture. Thus, it is very clear that in order to qualify as a right, it must be demonstrated within the Laws of Nature or Laws of Nature’s God. Homosexual marriage DOES NOT qualify as either a law of nature or a law of Nature’s God; therefore it is not a right.  Furthermore, since the Declaration is the blueprint for the Constitution; homosexual marriage is also contrary to the spirit of both the Federal and State Constitutions. Jerry Brown and Debra Bowen, supposedly law professionals, are ignorant of the most elementary principles in our organic founding documents: the origin of rights. Both should be recalled for this gross deception perpetrated upon the voters of California.


Joseph Andrews

The Center for Teaching the Constitution


About the author: Lee J

Lee J Hinkle spends his days writing video game code. It was never a job he expected to have. Check out Rogue Invader online. Any search will send you to the right spot. Unless the language is foreign. Then maybe 50% will be right.

He tries to be a devout member of The Church of Jesus Christ of Latter-day Saints and hopes his Father recognizes his efforts.