As the potentially landmark case Perry v. Schwarzenegger, goes before a federal district court in San Francisco, California, the U.S. seems divided on the issue of same-sex marriage despite state laws like California's own Proposition 8 (November 2008) and the Defense of Marriage Act (September 1996).
The former is a ballot proposition and state constitutional amendment restricting the definition of marriage to opposite-sex couples in California. And the latter is a federal law of the U.S. which prohibits a state (or other political subdivision within the U.S.) from having to recognize or treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state. And secondly, federally defines marriage as a legal union exclusively between one man and one woman.
Why Some May Oppose Gay Marriage
The opposition to same-sex marriage could perhaps be based on long held societal norms, mores, customs and religious values. But even still, many Americans believe in the federal government's obligation to protect the civil rights and often times the desires of all, a majority, or even a small portion of it's citizens.
The issue of defining the actual rights of individuals verses their privileges (desires) may also be somewhat in play here, as the proponents and opponents of gay marriage grapple over the issue of whether these relationships are a special entitlement and thus require a law relating to these certain individuals. Or, if same-sex marriage is an inherent irrevocable entitlement held by all citizens and for that matter, all human beings upon their birth.
For Some Same-Sex Marriage is Not a Civil Right
According to Peter S. Sprigg the Senior Vice President for Policy and Governmental Affairs and Senior Fellow for Policy Studies at the Family Research Council in Washington, D.C., an argument can be made that same-sex marriage is not a civil rights issue. In a speech at a "Defend Maryland Marriage" rally at the Maryland State House in Annapolis, on January 27th 2005, Mr. Sprigg said, "Without exception, every adult in Maryland already has a right to marry. But everyone also has restrictions to whom they may marry." Mr. Sprigg went on to say, "Again, without exception, no one is permitted to marry a child, a close blood relative, a person who is already married, or a person of the same sex. These restrictions apply equally to everyone, with no discrimination involved.
Mr. Sprigg also made mention of homosexual activists who continue to make the argument of being slighted under the equal protection clause of the U.S. Constitution. However, Mr. Sprigg counters this by saying this argument is offensive to the history of the civil rights movement in this country and "offensive to a majority of African-Americans." Mr. Sprigg says, "We ban discrimination based on race in this country for the specific reason that race is a characteristic which is involuntary (you can't chose it), and immutable (you can't change it) and innocuous (it harms no one)."
According to Mr, Sprigg, "homosexual behavior encompasses none of these attributes and equates the former restricting of marriage partners in the U.S. by race as meant to keep blacks and whites apart, while restricting same-sex partnerships preserves marriage as an institution and brings men and women together to create future generations."
For Others Same-Sex Marriage is an Absolute Right
According to a press release from the Governor of New Hampshire's office Gov. John Lynch expressed his willingness in May of 2009 to sign into law the same-sex marriage legislation that passed both bodies of the legislature there, and then did so in June of 2009. "We must treat both same-sex couples and people of certain religious traditions with respect and dignity." In Washington, D.C. where the city council there has recently just overwhelmingly approved same-sex marriages within the city limits, District Mayor Adrian Fenty signed the bill to legalize same-sex marriage in the sanctuary of All Souls Unitarian Church in the District's Mount Pleasant neighborhood.
According to a news report from the online news magazine the DCist, Mayor Fenty and other city officials said they want the nation's capital to provide a road map for gay rights advocates as the debate moves around the country. According to Mayor Fenty, "Marriage inequality is a civil rights, political, social, moral, and religious issue in this country and many [other] nations." He went on to say, "As I sign this act into law, the District, from this day forward, will set the tone for other jurisdictions to follow in creating an open and inclusive city."
Sources:
Perry v. Schwarzenegger- Case Profile: Federal legal challenge to Proposition 8, filed by prominent attorneys Ted Olson and David Boies on behalf of two California couples. ACLU website, http://www.aclu.org/lgbt-rights_hiv-aids/perry-v-schwarzengger-case-profile.
Proposition 8 (The California Marriage Protection Act) text of proposed law: California Voter Information Guide, http://voterguide.sos.ca.gov/past/2008/general/.../test-of-proposed-laws.pdf.
Federal Defense of Marriage Act: The Library of Congress, Bills and Resolutions. http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.3396.ENR:
Sprigg, Peter Same-Sex Marriage Is Not a Civil Right, Speech Defend Marriage Rally Maryland State House, January 27th, 200. Also posted on Family Research Council website (At the Podium Section) www.frc.org.
Lynch, John Gov. Lynch Statement Regarding Same-Sex Marriage Legislation, Press Release, Office of the Governor, May 14th, 2009. www.governor.nh.gov/news/2009/051409same.html
Mathis, Summer D.C. Mayor Adrian Fenty Signs Gay Marriage Bill, online magazine article dcist, December 18th 2009. http://dcist.com/2009/12/dc_mayor_adrian_fenty_signs_gay_mar.php
Paul Hamilton - My name is Paul Edward Hamilton, I am a current contributing writer for Suite 101 and Examiner.com and post things that I write on ...
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