Gay marriage: Where should we stand for individual human rights?

 By Cynthia Lasher

Gay marriage is coming. If this concerns you, examine your thinking. Is it good for homosexuals to have the same legal rights that are given to heterosexuals? Do you believe that a family based on a marriage between one man and one woman creates a superior environment for producing and rearing children? Do you think that we should defend marriage or protect individuals?

Legality of Marriage vs. Sanctity of Marriage

The legal definition of marriage is a union between a man and a woman. Clearly, that is changing. Eight states and the District of Columbia recognize homosexual marriage. This provides a legal conflict for the states that don’t want to recognize same-sex marriage.

A religious institution can choose to perform a same-sex marriage or not. The right of any religion to sanctify a marriage will not change when the legal definition of marriage changes. Some denominations performed marriage ceremonies for homosexuals before it was legal. Some denominations and sects never will marry gays or lesbians.

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Where should we stand for the human rights of the individual?

The 14^th amendment of the US Constitution Equal Protection Clause prohibits any state from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. This means that the state’s laws must treat each individual the same way that other people with similar conditions and circumstances are treated. To extend this to same-sex marriage, any person who is legally married should have the same rights and benefits under the law.

• May 7, 1996 Defense of Marriage Act (DOMA) defined marriage as a union between one man and one woman. It defined spouse only as a man or woman who is married to the person of the opposite sex. The act also stated that no state or territory needs to recognize a legal marriage between same-sex partners that occurred in another state. The DOMA denies marriage-based federal benefits to same-sex married couples. For example, the Federal government does not provide healthcare benefits to legally married gay or lesbian spouses.

• February 23, 2011 the Obama administration said that it considered the Defense of Marriage Act unconstitutional and a violation of the Equal Protection Clause.

• May 31, 2012, the 1^st US Circuit Court of Appeals in Boston ruled that the Defense of Marriage Act is unconstitutional because it denies equal rights for legally married same-sex couples.

• June 5, 2012, the 9^th US Circuit Court of Appeals refused to reconsider its February ruling that struck down California's ban on same-sex unions.

The Supreme Court will likely be ruling on gay marriage before the end of this year. Do we really need to protect marriage? Should we give every person equal protection under the laws of our Constitution? Same-sex marriage is coming. It won’t be this year, but it will happen. Set aside your concerns and take a stand for human rights.