Charles Merrill is a 71 year-old millionaire who has decided not to file tax returns for the years 2004 and 2005 in order to protest the idea of a Constitutional amendment that would prohibit same-sex marriage. I agree with Mr. Merrill’s opposition to the amendment, and his choice to sacrifice his fortune and what remains of his life, in the event the IRS should pursue him, demonstrates his seriousness. However, I think Mr. Merrill’s protest will be largely ineffectual, not because he’s only one man, but because his resistance is aimed at the wrong person, and his sloganeering is inaccurate at best, if not grating to those who know history and wish to more directly address the subject at hand.
Here are some clips from Mr. Merrill’s site:
Charles Merrill says President Bush’s endorsement of a same-sex marriage ban is discrimination against American citizens.
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“By not paying taxes, this is a deliberate act of civil disobedience towards a president that wants to make an amendment to the Constitution to only allow marriage between a man and woman, rather than two people who love each other, and that discriminates against us as full citizens of the United States.â€
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According to Merrill, his efforts in challenging the government may just kick the wind out of the Bush administration’s continued rallying cry for a same-sex marriage amendment.
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“This is all about President Bush,†says Merrill (emphasis added). “He’s catering to the religious right and our society is moving back to the times of scarlet letters.â€
I couldn’t disagree more - this is not all about President Bush, or any other President for that matter. I’d like to introduce some facts, in the form of Article V of the Constitution of the United States of America.
Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Proposed amendments become law when approved by 2/3 of both houses of Congress and 3/4 of states, either via legislature or convention. Please notice that the word “President” does not appear in Article V, as the President plays no role in enacting or otherwise approving a Constitutional amendment. A President can certainly recommend an amendment, and he can publicly endorse one, but when it comes to making that amendment law, the President casts no vote.
Mr. Merrill is firing at the wrong target. As fashionable as Bush bashing is among liberals, and certainly homosexuals, the President, regardless of who he is, is not the proper government entity at which to direct this particular protest. If Mr. Merrill and other homosexuals wish their protest to be truly effective, it must be directed at members of Congress and state legislatures, the people who actually cast votes to enact any amendment against same-sex marriage. The players on the field, not the cheerleader, must be convinced of the misanthropic nature of this amendment.
A similar misguided scenario played out in Ohio in 2004. A citizen-driven initiative put a state constitutional amendment on the November ballot, giving Ohio voters the right to prohibit same-sex marriage. Homosexual groups in Ohio immediately started their Bush bashing, and did virtually nothing to appeal to the citizens of their own state with reasoned arguments grounded in conservatism, law, and logic. (Yes, same-sex marriage is conservative. Think small government.) Consequently, the prohibition passed by a 2:1 margin. On a national level, homosexual groups aren’t doing any better than groups in Ohio did, as Mr. Merrill demonstrates. They’re simply not concentrating on the machinery of government that would make such an amendment happen, and instead are releasing their emotional vitriol for a single man who plays no part in the process. Continuing down this path will certainly lead to failure again. Who will this emotion be directed toward when, 31 months from now, George Bush is no longer the President, but the idea of an amendment survives?
At the beginning of this article, I also mentioned something about sloganeering. Here’s another excerpt from Mr. Merrill’s site.
“No taxation without representation†was a rallying cry for advocates of American independence from Great Britain in the eighteenth century. The American colonies were required to pay taxes to London, yet had no representatives in Parliament, and felt they were being forced to fund a government into which they had no input.
In keeping with Merrill’s assertions — that’s not too far off the mark when used to describe what’s happening to America’s LGBT population (emphasis added). With the current conservative regime in control, gays and lesbians, in effect, have no input in this government.
Correction: It’s severely off the mark, and in fact, it’s not even analogous. Colonists at the time of the American Revolution had no representatives in Parliament. There were local governments that citizens participated in which ran the individual colonies, but those colonists had no say in national government. Today, in the United States, homosexuals certainly do have a say in national government, assuming they vote. There is no law prohibiting homosexuals from voting, and homosexuals have every right and opportunity to endorse, influence, and fund candidates who represent their state, district, and viewpoint. Government likely does something everyone dislikes, and it’s reasonable to say that no taxpayer completely approves of how their money is spent. But claiming to be taxed without representation is absurd and disingenuous. It’s a catchy slogan, but it certainly doesn’t apply, and the case against an amendment opposing same-sex marriage can be effectively made without inaccurate hyperbole and a gross misunderstanding of history.
If homosexuals want to counter this amendment, they must organize. They must appeal to their representatives in Washington and their state capitol. They must appeal to their conservative fellow citizens. The Constitution is meant to limit government and protect the rights of citizens, and amending it to bring it into citizens’ bedrooms is big government, counter to the Constitution’s purpose, the antithesis of conservatism. Government should be small and distant, and people should be free to live their lives in whatever way they please, as long as others’ rights to life, liberty, and property aren’t threatened. That’s conservatism in its purest form, and anyone who believes otherwise and claims to be conservative is as misguided as Mr. Merrill and his impotent protest.


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