Think Progress

Rep. Culberson Offers Incoherent And Illogical Stance On Gay Marriage

Last night, C-SPAN aired the lasted segment of Students & Leaders series, with Rep. John Culberson (R-TX). Addressing a group of D.C. students, he repeatedly emphasized the need for less government interference in Americans’ lives. “I’m very focused on eliminating — shutting down as much of the federal government’s functions as I can,” Culberson said, while espousing state and local control.

However, when a student asked Culberson about state control over gay marriage, Culberson rapidly descended into incoherence. He began by declaring, “It’s up to the states.” But by the end of his rambling answer, he tried to explain why the federal government “cannot permit” a state like Vermont to make its own rules. All this while repeating that people’s “privacy is fundamental”:

CULBERSON: Well under the 10th amendment, the states have a first responsibility for providing for public safety, public health, public morality. All issues that just affect the people within that state. It’s up to the states. And you either follow the constitution or you don’t. [...]

Federal law cannot permit — if one state, Vermont, wants to do that, you can’t let that cross state lines. You’ve got to let — frankly, a lot of these issues have got to be left up to the states. But the federal government cannot permit for example — The federal government has a legitimate role in interstate commerce. And that’s where the federal government comes in. I think the federal government can’t recognize — shouldn’t recognize it, it’s just a bad idea. And uh — But fundamentally, the right of privacy’s fundamental. I’m not interested — what people do at home’s their own business.

Culberson’s response reminded ThinkProgress of a famous scene from the movie Billy Madison in which a debate judge tells Adam Sandler’s character, “Everyone in this room is now dumber for having listened to” your “rambling, incoherent response.” Watch our compilation:

At one point in his answer, Culberson tried to frame the question as one of equal protection under the Fourteenth Amendment:

If you provide federal civil rights to an individual based on one particular type of private sexual behavior, under the Equal Protection clause, I’m obligated to provide civil rights protection to any other type of private sexual behavior. Think about that.

Of course, the government already provides civil rights to one particular type of sexual behavior — heterosexual behavior. By Culberson’s own argument, therefore, the government is “obligated” to protect homosexual “behavior” as well.

It’s no wonder that Culberson has earned a a zero percent rating from the Human Rights Campaign every year he’s been in office.

Transcript:

QUESTION: You said a lot about how the federal government shouldn’t be in our house. My question is about gay marriage. So do you really think the federal government should be in our house, or the government shouldn’t, because as I know gay marriage is — it’s the state government that controls that. So what do you think of that?

CULBERSON: Well under the 10th Amendment, the states have a first responsibility for providing for public safety, public health, public morality. All issues that just affect the people within that state. It’s up to the states. And you either follow the constitution or you don’t.

Now, personally, I think — and it’s I think also self-evident — that you’ve got to have a marriage between a man and woman or society’s not going to make it. You’re not going to have a fruitful, growing, productive civilization unless marriage is between a man and a woman. I mean, that’s just history — history will show you that. But it is a person’s private business. Their private life is their private business. I’m fundamentally a libertarian at heart. And I do believe in the 10th amendment. I don’t want to hear about somebody’s private behavior.

Now think about this. If we provide civil rights protection to somebody based on private sexual behavior — well, the Constitution, 14th Amendment, says we have to provide equal protection. Now last question: If you provide federal civil rights to an individual based on one particular type of private sexual behavior, under the Equal Protection clause, I’m obligated to provide civil rights protection to any other type of private sexual behavior. Think about that.

This doesn’t work logically, it doesn’t work for the country as a whole. Fundamentally, we’ve got to preserve and protect the Constitution. Federal law cannot permit — if one state, Vermont, wants to do that, you can’t let that cross state lines. You’ve got to let — frankly, a lot of these issues have got to be left up to the states but the federal government cannot permit for example — The federal government has a legitimate role in interstate commerce. And that’s where the federal government comes in. I think the federal government can’t recognize — shouldn’t recognize it, it’s just a bad idea. And uh — But fundamentally, the right of privacy’s fundamental. I’m not interested — what people do at home’s their own business.



63 Responses to “Rep. Culberson Offers Incoherent And Illogical Stance On Gay Marriage”

  1. DNFP says:

    I don’t want to hear about somebody’s private behavior.

    THEN S.T.F.U. MORON.

    Jeez…


  2. Hoodathunktick says:

    Gee, if we provide equal rights for everybody, where will it end?


  3. Druids Dream says:

    I find Culberson’s argument cumbersome.


  4. PatrioticLiberalChristianMantisReligiosa says:

    Because…because…because…MOMMY! Johnny’s picking on me!


  5. Hoodathunktick says:

    We really should consider some sort of test or minimum requirements for being able to run for Congress.

    Like being a member of the human race.


  6. Chris LeJeune says:

    Numerous republican politicians and pundits have complained about “socialist” Universities and “elitist” colleges. When you pander to the uneducated, this is the result.


  7. dbadass says:

    Damn kids….What do they know?


  8. spencers mom says:

    CULBERSON: Well under the 10th amendment, the states have a first responsibility for providing for public safety, public health, public morality. All issues that just affect the people within that state. It’s up to the states. And you either follow the constitution or you don’t.

    The states are “responsible for providing for… public morality”? Gee, I must have missed that one in my civics class.

    PEACE


  9. PatrioticLiberalChristianMantisReligiosa says:

    This doesn’t work logically, it doesn’t work for the country as a whole.

    At least he got something correct.


  10. Megaloptera McWars says:

    Texas must be one of those right-to-bork states.


  11. ElBruce says:

    Other than teh gays, are peoples’ rights currently determined by what they do in the bedroom? I wasn’t aware that you gained or lost civil rights based on private behavior. I mean, not as a principle of law.

    Also like how he says the 10th Amendment says states get to regulate “morality.” He must have a different copy of the Constitution than I do.


  12. Purple State / Lavender Boy says:

    I could have done without the Billy Madison reference. Let the Representative destroy his own argument–no need to add insult to injury.

    That being said, I do have a pretty bad headache after parsing all of that. Really, is it a state right or a federal right?

    What the anti-gay-marriage people don’t understand is that being homosexual is not only related to sexual expression, even though the root of the word may be located in it. Being homosexual does not mean one is a sexual deviant. One could be homosexual without even bringing sex into the argument. A homosexual person has a connection with a like gender, but could completely be celibate when it comes to sex.

    Keep that argument in your craw, unless it confuses you even more, Mr. Culberson.


  13. PatrioticLiberalChristianMantisReligiosa says:

    10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    THIS is the important phrase. Whom you marry is neither a federal nor a state power. That power is reserved to the people.


  14. WillWrite4Food says:

    Rep. Culberson Offers Incoherent And Illogical Stance On Gay Marriage

    Is there any other kind when arguing against it?


  15. Hoodathunktick says:

    Why is it that the Big Tent/Little Government party is the loudest voice for telling us what the country’s morals should be?


  16. RantingTommy says:

    big govt republicans want the govt to control your personal life while letting big businesses rob you blind


  17. zuch says:

    It’s no wonder that Culberson has earned a a zero percent rating from the Human Rights Campaign every year he’s been in office.

    It makes a good matching bookend with his IQ certificate.

    Cheers,


  18. Hoodathunktick says:

    Last I heard there is no evidence that one can be influenced or persuaded to teh gay. It is either in one or not. You can’t be converted, persuaded or coerced into being gay.

    Question is, is the same true with religion or bigotry?


  19. dbadass says:

    I suppose at this point asking someone to explain once and for all just how gay marriage poses a “threat ” to hetero marriage is just pointless…


  20. jaimymoore says:

    In Culberson’s defense, there is no coherent case against gay marriage. Traditional marriage ended when we recognized an individual’s right to marry whom they will, dispensing with centuries of family control and the identity of marriage as an economic institution first.

    They blew it. Time to let the gays in, now.


  21. Buckie Boy says:

    “Everyone in this room is now dumber for having listened to” your “rambling, incoherent response.”

    Which goes to everyone who views Fox News.


  22. pete says:

    Thank you, Rep. John Culberson (R-TX). It’s people like you who make me less horrified to live in Crazy Shelly’s (Bachmann) home state.


  23. Undecided says:

    I would have to sympathize with this poor gent……I too get confused what States can and cant legislate or where the Fed has seniority…….but then again, it not my chosen career direction. If a guy in the business doesn’t know either then what does that say about our illustrious career politicians !


  24. Hoodathunktick says:

    Undecided, the rules are clear. The states can do any damn thing they want as long as it doesn’t contradict or violate federal.

    We are all US citizens first, state citizens, second.


  25. dbadass says:

    That may be confusing to some of you who like to pigeon-hole all Republicans into one mind-set, but I remain….
    —-
    Why did you feel the need to add that part? Does it add something or do you have an agenda?


  26. The Dogfather says:

    This is clearly a guy who stayed awake only for about 5 minutes of each of three different lectures in his first-year law school Con Law class — his mixing of the concepts of state sovreignty under the 10th Amendment, interstate commerce under Article I, and personal right to privacy which has been recognized only in opinions from the SCOTUS (much to Scalia’s chagrin), makes it clear that he wasn’t paying attention…


  27. Sandoz76 says:

    Anyone against gay marriage can only provide illogical or incoherent arguments. Those are the only arguments there are.

    Marriage is commerce now? WTF?


  28. Hardy Haberman says:

    It’s refined political rhetoric like Culberson’s that makes me ashamed I am a Texan. Reminds me of the speech in Blazing Saddles where the old prospector rambles incoherently.


  29. Zooey says:

    I think I developed an aneurysm after reading Culbertson’s bizarre rant.


  30. chiroptera toasterhead says:

    Culberson’s response reminded ThinkProgress of a famous scene from the movie Billy Madison in which a debate judge tells Adam Sandler’s character, “Everyone in this room is now dumber for having listened to” your “rambling, incoherent response.”
    ____________

    A lot of statements by conservatives remind me of this scene.


  31. dbadass says:

    OT:
    Sorry Zooey but I just had to tell you that I was eating softshell crabs at about 1 am this morning. I figured that would of course gross you out…


  32. ralph the wonder locust says:

    ConservativeForProgress Says:

    I am a Conservative on most economic, national defense and some social issues, but am very much in favor of the rights of gay men and women to both marry and divorce.

    That must account for the “ForProgress” part of your name, eh, C4P?

    Too bad most of your ideas are from the “Conservative” part.


  33. PensiveGadfly says:

    To Hardy Haberman the Texan, got ya beat! That moron is my Congress critter. And he’s just as bad in person, But my district has a lot of flat earthers, so he’s here to stay, sad to say.


  34. Leftside Annie says:

    Well, crap!! Me and my duck were planning a very big wedding next week!!

    Gosh darn, now we’ll have to cancel. Damn that Prop 8!!!

    /snark


  35. Oval12345678 aka James K. Sayre says:

    Let’s see. 18,000 couples or 36,000 total citizens married as gays in California. That would be out of a state population of about thirty-six million, or about one out of a thousand. One tenth of one percent. A giant tempest in a tiny teapot, no?


  36. Rob says:

    haha… I was just wondering what this video was about, until the last 3 seconds


  37. wags says:

    Let’s see. 18,000 couples or 36,000 total citizens married as gays in California. That would be out of a state population of about thirty-six million, or about one out of a thousand. One tenth of one percent. A giant tempest in a tiny teapot, no?

    What a hilariously irrelevant argument.


  38. Zooey says:

    dbadass Says:

    OT:
    Sorry Zooey but I just had to tell you that I was eating softshell crabs at about 1 am this morning. I figured that would of course gross you out…
    May 27th, 2009 at 4:34 pm

    Well, you’re right… :P


  39. chiroptera toasterhead says:

    wags Says:

    What a hilariously irrelevant argument.

    May 27th, 2009 at 4:54 pm
    __________

    But the trolls have tried to use it before. They seem to think that the fact that only a few thousand gay people were in relationships and at the stage in their relationships where they wanted to be married, for the brief time that they were legally allowed to be married in California, constitutes proof that this is a non-issue.

    I wonder how many heterosexual couples applied for marriage licenses during that same time period…


  40. wags says:

    But the trolls have tried to use it before.

    I remember it well. Bit tried to pull that one, regarding MA I believe.


  41. RUCeriousMaggot! says:

    Incoherent Illogic = PublicansRUs


  42. RUCeriousMaggot! says:

    #30 Hardy ~! You mean Gabby Johnson’s eloquent speech that he was born here, and he was raised here, and ain’t no cricky crakin whubbergibin jackerfrikker a gonna run me offa here!
    Ribbht!


  43. ElBruce says:

    Oval12345678 aka James K. Sayre Says:

    Let’s see. 18,000 couples or 36,000 total citizens married as gays in California. That would be out of a state population of about thirty-six million, or about one out of a thousand. One tenth of one percent. A giant tempest in a tiny teapot, no?

    So obviously, allowing them to get continue to married wouldn’t do any harm to society whatsoever.


  44. herecomestheangst says:

    Do these “Reagan” Republicans even know what “separate/separation” even means anymore?

    Oh, the actual Magna Carta is at the Reagan Library. Maybe the Republican Congress should take a field trip and start with the basics, since they can’t interpret our legal documents worth a tinkers damn!


  45. zuch says:

    #41 chiroptera toasterhead Says:

    [T]he trolls have tried to use it before. They seem to think that the fact that only a few thousand gay people were in relationships and at the stage in their relationships where they wanted to be married, for the brief time that they were legally allowed to be married in California, constitutes proof that this is a non-issue.

    I wonder how many heterosexual couples applied for marriage licenses during that same time period…

    At least one. We did. And I’m proud and glad to say that we got married at a time when this ceremony was available to all and sundry who wanted to do so.

    FWIW though, it really doesn’t matter if few, most, or all those wanting to get married are gay. That only a very few people are discriminated against is hardly any absolution from the crime of discrimination. The majority doesn’t get discriminated against, as the Carolene Products famous footnote alludes to.

    Cheers,


  46. wags says:

    That only a very few people are discriminated against is hardly any absolution from the crime of discrimination.

    Bingo.

    And congrats!


  47. Matt Algren says:

    First, nobody’s talking about ‘private behavior’.

    Second, I’m more reminded of Sarah Palin’s “We’re ill about this” response to Katie Couric last fall.


  48. ElBruce says:

    republicans hate facts Says:

    I don’t think culberson realizes that “Homosexual Behavior” is already legal thanks to Lawrence v. Texas.

    As far as I can tell, Republicans understand the law about as well as they understand science, economics or diplomacy.


  49. ElBruce says:

    zuch Says:

    At least one. We did.

    I gotta say zuch, that dude you married is really goofy looking. Cheers. :D


  50. wiley says:

    Has anyone told the homophobes that gays want to marry in order to have a partner? Being gay is more than just wanting to have sex with someone of your own sex, it’s being attracted as partners? Do these anti-sex straights just marry the person they want to have sex with. or what? If they are just using their married partner for sex, then they aren’t doing the institution of marriage any favors.


  51. klittle32 says:

    What a bumbling idiot.


  52. ElBruce says:

    wiley Says:

    Has anyone told the homophobes that gays want to marry in order to have a partner?

    They don’t understand that. According to their belief system you’re only gay during the time your pooper-hole is actually occupied by somebody else’s wee-wee. As soon as it’s removed, you’re straight again and can go back to your family. And BJ’s don’t even count, provided you don’t know the guy’s name.


  53. wiley says:

    Yeah, and if you beat the guy up afterward it never happened.


  54. Angry McAngus says:

    Republican politicians like Culberson obviously function under the notion that their audience is always as stupid as themselves and will just get lost in the incoherence.


  55. Cal Malenky says:

    Another Texas dumbass. What a surprise.


  56. Texas Aggie says:

    “Rep. Culberson Offers Incoherent And Illogical Stance On Gay Marriage”

    What other stance on anything has he ever offered? This man illustrates the deficiencies of the Texas public school system and the results of Bush’s meddling in “edumacation.” Believe me, folks, not all Texans are brain damaged from excess neurotrophic chemical use, just some of the more prominent. After all, Longnecks (local beer) and the proximity of the Mexican border make for a potent combination of drugs.



  57. ElBruce says:

    Texas Aggie Says:

    Believe me, folks, not all Texans are brain damaged from excess neurotrophic chemical use, just some of the more prominent.

    So the rest of you vote them into public office just to play a prank on the rest of us? Well, knock it off.


  58. dschafler says:

    So incoherent. And what does “interstate commerce” have to do with this?!!!


  59. JamesCraven says:

    Quoting Mr. Olbermann…

    “What…The…?”


  60. Don in Texas says:

    Regarding the California Supreme Court’s ruling on same-sex marriage yesterday:

    “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.” — Justice Robert H. Jackson (1892-1954), U. S. Supreme Court Justice
    West Virginia State Board of Education v. Barnette, 319 US 624, 1943


  61. smidget says:

    @Don in Texas

    Bingo. Fundamental civil rights should never be decided at the behest of the people. The majority has no right to either give or deny rights to the minority. That very concept of legal equality is the very foundation of our country. To even hint at allowing a group of people to vote on the rights of another group of people is not only unconstitutional, it’s patently un-American.


  62. wounded40 says:

    Not every Republican is against gay marriage. Not every Democrat is for it…

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    porno izle
    porno



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