Don’t Get Married - Incorporate!

RainbowZine, a service of Rainbow Law: news for the LGBT community., www.rainbowzine.comNow that the United States Supreme Court has determined corporations have constitutional free speech rights, will they soon deny equal protection rights to gay and lesbian partners?

We think the answer is yes.

Over the years, right-wingers have been decrying progressive supreme court decisions like Roe v Wade (the right to choose), Brown v Board of Education (outlawing school segregation), etc., claiming the court was “legislating from the bench” by overturning laws enacted by state and federal elected officials.



Not surprisingly, right-wing objections do not follow radical Supreme Court decisions that overturn legislation when the determination happens to correspond with right-wing ideology.

To illustrate this point, simply look at the Supreme Court’s ruling on Thursday, January 21, 2010 which held that the federal government may not ban political spending by corporations (who are legal “persons” although not actual human beings) in candidate elections.

In other words, corporations – many with billions of dollars to spend – will now have the opportunity to funnel unrestricted amounts of money to the political campaigns of candidates who are more likely to vote in favor of that corporation’s interest – even if that vote would adversely impact the elected official’s human constituents.

Have you heard any wing-nuts objecting to this outrageous judicial activism?  We didn’t think so.

And unless you have been living under a rock, you’ve probably heard about the federal trial over California's Proposition 8.  The case is expected make its way to the United States Supreme Court where the constitutionality of equal marriage rights for gays and lesbians may finally be determined.

There are nine Supreme Court Justices and 5 of them are “conservative,” including Chief Justice Roberts.  Therefore it seems highly unlikely that this Court will extend constitutional equality to gay and lesbian citizens – even though we are in fact human beings.

Therefore, we predict the Supreme Court will ultimately uphold Proposition 8.

Furthermore, we believe the rationale for doing so will be based on the concept of “judicial restraint” -- an unwillingness to invalidate a law enacted by a state’s legislature or by state-wide referendums.

Thus, with a straight face, the Court will no doubt try to justify their decision despite having recently invalidated state and federal campaign finance laws by granting unprecedented “free speech rights” to corporations.

I hope we are wrong to predict that the Robert’s Court will deny equal marriage rights to gay and lesbian partners -- but we feel nearly certain we are correct.

And when that happens, it will be interesting to read how the Court will defend their decision to grant constitutional free speech rights to non-human corporations while at the same time denying constitutional guarantees of equal protection to actual human citizens.

When you consider some of the ridiculous arguments against same sex marriage (people will be able to marry their dog, etc.), why not use the “slippery slope” created by the Court’s ruling on the free speech rights of corporations to circumvent marriage and incorporate instead!

After all, isn’t managing a household similar to running a business? And since we cannot claim one another as dependents for tax purposes, we can use the corporation at tax time to itemize expenditures, deduct our “reasonable and necessary” expenses, and so on.

As corporations, we would have the right to enter into contracts, own property, and accumulate assets.  We could live wherever we want yet claim any state or country we choose to be our home base.

And, as a corporation, we’d have the ability to live forever.

Will it work?  Who knows?  Either way, we are seriously interested in hearing your thoughts.  If you want to give us your feedback or if you have any ideas of your own, we’d be happy to talk to you about it.

Read the original article in RainbowbLAWg

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