Tuesday, August 25, 2009

Constitutional Amendments

I think it’s time we had some Constitutional amendments.


I can think of many issues we need to address in these United States. This list is not exhaustive by any means.


First, let’s think about the right to privacy, which is not stated explicitly in the Constitution, but has been interpreted from the Ninth Amendment, which mentions “other rights being retained by the people.”


That’s pretty ambiguous. It was invoked when laws against contraception and contraceptive devices were struck down in the 1960’s. I find that your history is my current events, and I was in high school at that time. People who used contraception were considered immoral. In order to buy condoms when I got married, I had to ask the druggist because they were kept behind the prescription counter - and that wasn’t because they were easily stolen. My, how times have changed.


At this point we have heavy federal protection - or at least lip service - when it comes to privacy. We are required every six months to sign privacy memos if we visit the doctor or therapist that frequently. We must designate who can visit us in hospital, and whether or not our spouses - even our spouses - can be advised of our condition. However, the gatekeepers of our health decisions, the insurance companies, trade this information freely, and we are currently in the process of creating a national data base of medical care.


Another amendment we should seriously consider is an Equal Rights Amendment. An ERA has been introduced into Congress every year since the 1920’s. When I marched in the early 1980’s, we were sure it would pass. It didn’t. We have laws that guarantee gender equality in the United States, but we have no Constitutional guarantee. When I marched, women were getting 59 cents for every dollar men were paid - on average. Today, that’s somewhat better, at 82 cents on average. But despite laws guaranteeing equal pay, pay isn’t equal.


I think we should drop the protection of marriage amendment. It’s aimed against a group of people and denies them rights instead of expanding or clarifying rights. It does not protect marriage. That would take something completely different, like requiring people to pass mandatory classes before they are permitted marry.


Perhaps we should also consider making divorce less easy to obtain. Of course, if we did that, only those with means would divorce. Our idols - Brittany Spears five years ago [what can I say, I don’t do popular culture well], Elizabeth Taylor when I was young - jump in and out of marriage. Or did when they could jump.


Mandatory marriage classes would create another branch off the marriage tree, and that’s people who decide merely to cohabit rather than marry. It’s not illegal, although marriage provides legalities people who live together do not enjoy.


If we were thinking clearly, we’d see that marriage is comprised of three parts: the religious, moral side, which churches can take care of; the legal side, which is in effect a partnership agreement; and the wedding, which is a different, over-the-top country entirely for many people. Big weddings do not guarantee long marriages. We have a friend who gave his daughter a very lavish wedding, but she was divorced before the photos were finished. [By the way, I can recommend a photographer.]

That’s probably enough for today. I invite you to suggest other possible amendments in the comments section below. Be creative.

No comments: