Wednesday, June 8, 2011

Editorial

MAKE SAME SEX MARRIAGE LEGAL AND EQUAL
Imagine that you finally found the love of your life and you decide that you want to get married. Now imagine that you have to go in front of your colleagues and friends to beg them to allow you the right to that marriage. This is what happened to Jason Lorber, an openly gay member of the Vermont House of Representatives, and similar struggles are put before thousands of other same-sex couples every year. Since the Goodridge v. Department of Health case, taking place in Massachusetts in 2003, same sex couples in many states are taking a stand against marriage inequality by filing law suits against their states for denying them equal marriage rights. The main question that is debated in these courts is whether it is constitutionally acceptable to deny equal marriage rights to all. Most of the juries have ruled for equal marriage rights. These justices were correct; denying same-sex couples equal marriage rights is unconstitutional and therefore we, as the people of the United States, can no longer tolerate this injustice.
Our country creates and maintains laws based on our constitution. All laws must abide by the constitution. The laws that are currently in place regarding same-sex marriages do not full-fill this requirement. The constitution clearly states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States …without due process of law.” (US Const. Amend. XIV) Currently, our government is not abiding by this amendment, because DOMA restricts the privileges of a portion of our society by limiting marriage to a union between a male and a female. These restrictions are without good reason and therefore, we cannot continue to support DOMA and other laws restricting homosexual’s rights.
In our society, minorities have always had a difficult time being accepted by others. Our government does not need to add to homosexual’s extra difficulties by making them go through unnecessary regulations. Many states allow same-sex couples to be joined by what they call “equal” civil unions. The civil unions however, are not equal to marriages. They do not allow the partners the same rights financially, nor are the partners able to make decisions for each other in dire situations. These restrictions may seem small to those of us who do not have to deal directly with them, but in actuality, it makes the lives of same-sex couples harder than opposite-sex couples. It is restrictions such as these that makes it critical that we fight not for civil unions, but instead for legal marriages. (Lorber)
People who are against same-sex marriage often use popular sovereignty as a reason for why marriage rights should not be extended to all. This argument has been raised throughout history in many civil rights issues, but there is a reason that this argument is not credible. We are dealing with the rights of a minority, and that minority, of whom the issue directly affects, is not able to have their voice be properly heard in a majority ruled vote. This idea was seen very clearly in the mid-1900s when the issue of inter-racial marriages was being debated. Many states had laws forbidding these marriages because popular vote was against them, but when a couple took the issue to the U.S. Supreme Court, through the Loving v. Virginia case, banning these marriages was determined to be unconstitutional. (Loving) In our culture today, many of us would not even consider banning these marriages, however in the mid-1900s, this issue was as large and difficult as same-sex marriage is today. For this reason, popular sovereignty cannot be used as an argument against same-sex marriage.
As with any issue that involves something considered “different” from the social norm, same-sex relationships have been looked down upon for centuries. It is not until now that we as a society are considering releasing the oppressed and allowing equal rights to same-sex couples. When one views this issue in light of the U.S. Constitution, he must come to the conclusion that banning same-sex marriages is unconstitutional. We must set aside our personal prejudices and beliefs and support what is good for society: equal rights to all. We must take this knowledge and push our government to cease banning same-sex marriages.

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