Why do we not allow gay marriage in our country? Currently our federal law allows states to not recognize same-sex marriage licenses issued by other states. The Defense of Marriage Act, or DOMA, was signed into law by President Clinton in 1996 (Stritof). Federal law currently does not define marriage even though it does not recognize gay marriages. Recently, there was an effort to define marriage as "a legal union between one man and one woman as husband and wife" (Lavoie). However, this was removed from the bill before final passage in favor of recognizing each state's right to define marriage (Lavoie). The most common public objection is that it is a sin, or the Bible says it is wrong. Then there are other objections that vary from the concern for these couples raising children to arguments that marriage is to promote procreation and this cannot be done in a gay marriage. Despite all the objections we are ignoring the civil rights of these couples.
There are two kinds of marriage in our country. There is a spiritual marriage. This is a marriage between two people under a higher power that they wish to acknowledge. This can be any god, goddess, or belief they wish to accept. There is no legal ramification to this form of marriage, nor any legal benefit. This part of marriage is mainly for the people involved. It is the couple‘s way of affirming their devotion to each other. This currently is available to anyone who wants it. This is what the marriage has been for thousands of years and this is the form of marriage most people are objecting to based on their spiritual beliefs. It is fine to believe your God does not condone gay unions. That is part of our country's religious freedom. The differences begin when a couple applies for a marriage license. Many couples do this at the same time as their spiritual union. This makes the marriage legally binding as well. This is the part of marriage that gays are being excluded from.
So we are not talking about a spiritual union. We are talking about the legal union of a marriage license. This is the current institution of marriage. This is what offers all the legal rights and benefits that come along with this marriage. This is law, not spirituality. This marriage is combining legal assets like income. It is legally binding someone as a beneficiary or allowing for equitable division of property if they divorce. Marriage allows a spouse to make medical decisions for their partner if he or she becomes incapacitated and unable to express wishes for treatment. Could you imagine not being allowed to express your loved one's wishes if they became ill or incapacitated? As a gay couple it would be possible a loved one, whom they considered their spouse, would have no legal right to declare their wishes. If their partner dies a wrongful death they have no legal recourse to sue for their loss (NOLO). These are rights that should not be denied any couple. Allowing gay marriage would protect these rights for these couples. I spoke with Dr. Vincent Silenzio, a well respected family medicine doctor and advocate for gay and lesbian health, on this topic. He said, “These rights are granted married couples automatically because it is presumed that a spouse is intimately familiar with the wishes of their partner, and would help with medical or legal decision-making with the best interests of their spouse as the most important factor. Of course, this is a lot to presume. But that's where this policy framework for partner's rights flows from.” So would it not make sense that these rights should be extended to gay couples as well. Allowing them to marry would make these lines less blurred and allow these couples equal rights under the law.
Another major opposition to gay marriage is these couples raising children. To me this point is moot as an argument against allowing gays to marry. Gay couples currently raise children, married or not. According to the 2000 Census data about twenty percent of gay couples are raising children (Romero et al. 1). These numbers however are estimated to be much higher, closer to thirty-seven percent, due to limitations in their data collecting. The same study found under fifty percent of married couples have children under the age of eighteen (Romero et al. 3). How many more gay couples would have children if they were afforded the same rights as any other couple? We no longer live in an age where marriage automatically implies children. In these cases we need to look at what is best for the children. Gay couples are going to have children. By not allowing them the same rights and resources, we put the child at a great disadvantage. Their parents cannot rely on the same family laws as current married couples. What happens to these children when a couple splits (such as a divorce)? They have no ability to request child support assistance, or if their parents die, they are excluded from social security benefits that would be otherwise offered to them if these marriages were recognized by the federal government.
When need to look at marriage as a union of two people who share economic and social responsibilities. This will also offer bonds of trust and reliance upon one another.We then see this can easily apply to any couple. The issue is not whether or not to allow gay marriage. It is about providing the same rights to all of our citizens without discrimination of race, religion, sex, or sexual orientation. Our country was founded on the idea of separation of Church and State. If we offer benefits to one couple all couples should have equal rights to these benefits. The Fourteenth Amendment to the U.S. Constitution extends “equal protection of the laws” to all citizens. Denying a gay couple marriage is denying them equal rights under the law. Thomas Jefferson once said, “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable; that the minority possess their equal rights, which equal laws must protect, and to violate would be oppression” (Heritage).
We need to start offering equal rights to all. Our country once felt slavery was an acceptable practice. Many now believe denying gays the right to marry is acceptable. It is not. When asked if you support gay marriage, before you answer, I ask you to consider it not from the spiritual sense, but from a legal view as a binding contract between two people. Is it still wrong? As Americans we are required to protect our civil rights and to treat each other equally under the law. We need to separate Church from State so we can continue to protect the rights of all. Not allowing gay marriage in our law is discrimination. Not allowing it in our churches is our right as Americans. This is the difference we need to consider when addressing this change. As John F. Kennedy once said, “In giving rights to others which belong to them, we give rights to ourselves and to our country.”
Heritage Foundation, The. "Thomas Jefferson Still Lives" heritage.org, Web 27 Oct 2009. http://www.heritage.org/research/politicalphilosophy/em724.cfm .
Lavoie, Denise. “Massachusetts Sues The Federal Government Over Definition Of Marriage” The Huffington Post, July 2009. Web 2 Nov. 2009. http://www.huffingtonpost.com/2009/07/08/massachusetts-sues-the-fe_n_228044.html .
NOLO. “Marriage Rights and Benefits” nolo.com. Web 27 Oct. 2009. http://www.nolo.com/legal-encyclopedia/article-30190.html .
Romero, Adam P. , et al. “Census Snapshot” The Williams Institute, Dec. 2007. Web 27 Oct. 2009. http://www.law.ucla.edu/williamsinstitute/publications/USCensusSnapshot.pdf .
Silenzio, Vincent M. B. Personal Interview. 3 Nov. 2009.
Stritof, Sheri, and Bob Stritof. "Defense of Marriage Act - - DOMA" about.com, Web 3 Nov. 2009. http://marriage.about.com/cs/samesexmarriage/g/doa.htm .
No comments:
Post a Comment