Gay Marriage Revisited

            Much as been written and spoken lately about the passage of Proposition 8 in California. This proposition denies the right of same sex couples to legally marry. This right to marry was initially given on May 15, 2008 when the California Supreme Court overturned the state’s ban on same sex marriage on the basis that the ban violated the state’s constitution. In the November elections, Proposition 8 was passed by a majority vote, essentially reversing the May court decision. Whether this new ban is constitutional has yet to be seen.

            Many people believe that just because a majority of people in a state vote a law into existence, such as a ban on same sex marriage, this automatically makes the law right, and a court should not have the power to overturn the will of the people. On the contrary, the U. S. Constitution, and Bill of Rights, are specifically designed to protect the rights of the minority from the power (and tyranny) of the majority. Think about it, what if the majority of the people in a state voted to (this is just an example) ban all left handed people from driving a car, because they thought it was dangerous and being left handed was “just not natural”. They also considered being left handed a “choice” and therefore all one had to do to get the right to drive back was to start being right handed. Now, the Constitution does not specifically give everyone the right to drive a car, however, this majority vote would clearly be overthrown by a court as being against the spirit of the Constitution and therefore unconstitutional. All laws passed by the people, a city council, state legislature, or even Congress must be held up to the standard of the Constitution, it is the ultimate law of the land. It is the specific job of the courts to interpret these laws and decide if they are constitutional or not.

            Many also argue that if gay couples are allowed to marry, it would open the door for people to marry dogs, cars, or even for pedophiles to marry children. This is ridiculous for one reason alone. Marriage is a legal contract, and animals, inanimate objects, and children are not able to enter into a legal contract. On the other hand, two consenting adults of the same sex are.

            Others also argue that denying same sex couples the right to marry takes only the word “marriage” away from them, since they can obtain a civil union in a few states like Vermont. Civil unions, while granting some marriage-like rights, are not marriages. A few examples include, when you get married in any state, all other states are required to recognize the marriage, which is not true with civil unions. Civil unions are not recognized by the Federal government, so these couples cannot file a joint tax return. In addition, the U.S. General Accounting Office compiled 1,049 rights granted by marriage, including: joint parenting, joint adoption, status as next of kin for hospital visits and medical decisions, joint insurance policies, divorce protections, inheritance automatically in the absence of a will, rights to a spouses pension plan, social security, Medicare, etc. Some of these are granted by civil unions, but many are not, and only in the state in which the union was granted. Consider this, if your spouse is injured in an accident, all you need to do is show up and say you’re his or her spouse. You will not be questioned. If you show up at the hospital with your legal paperwork, the employees may not know what to do with you. If you simply say, "He's my husband," you will immediately be taken to your spouse's side.

            Many also give religious reasons to ban same sex marriage. While everyone is entitled to their individual freedom of religion, religious beliefs alone, no matter how strong you feel about them, are not valid reasons that can stand up in a court of law. You simply cannot force your particular religion’s beliefs and rules on everyone else, who may not believe the same. Now, it’s true that there are laws against killing and stealing, which are also banned by the 10 Commandments, however these laws exist not because of their existence in the Bible, but because they infringe upon the rights of others. Consider this, the Bible, in Leviticus, also states that eating shellfish (shrimp) is an abomination (10:11). Shall we pass a law banning the consumption of shrimp, and if so, who is going to explain it to the people of Delcambre? Leviticus also prohibits cutting the hair on the sides of your head or your beard (19:27) as well as prohibiting the eating of pork (11:7).

The Bible gives many prohibitions, rules, and regulations, however, in Matthew 7:12 Jesus gives us what is commonly referred to as the Golden Rule. He said, “So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets”. Are we following this rule when we choose to reserve the right of marriage for ourselves and not to those who we believe to be different from us? Believe as you will, but this is the Jesus I choose to believe in. I believe Jesus is Love. Love is ALWAYS good. I do not believe that Jesus would condemn anyone for loving someone else, regardless of their sex. Others would disagree, but that is my Jesus. I could be wrong, but I believe it better to err on the side of love. Either way, each person’s religious beliefs, and what God considers a “sin” should be strictly between that person and God. We should leave our civil laws out of it.

            Lastly, let us consider the fact that we are taking away or restricting the rights of two consenting adult citizens of the United States. We are setting a dangerous precedent here. While many don’t have a problem with restricting the rights of gays, we are setting ourselves up for the same to happen to us one day. Once you open the door to taking away or restricting the rights of certain citizens, simply because they seem different to you, where does that end? While these examples may sound silly now, what would stop certain rights from being taken away from left-handed people, or people who choose not to eat meat, or people who do not make the sign of the cross when they pass a church, or for that matter, those who DO make the sign of the cross? Once we begin taking away the rights of others, we open ourselves up to having rights taken away from us one day. I believe Thomas Paine, U.S. patriot and author of Common Sense, which helped spark the start of the American Revolution, said it best when he said, “He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself”. You may think I am completely wrong here, and that is your right to believe so and to say so. That right guaranteed to us by the Constitution, and the blood of soldiers who have defended it, throughout history, including the thousands of gays currently defending OUR rights in the U.S. armed forces today. I thank them, and all veterans, for the right to print this letter. Thank you.