Should Gay Couples Be Allowed to Marry?
by Jenny Murphy Thursday, February 3, 2000
On April 26, Vermont Governor Howard Dean signed a landmark bill allowing same-sex unions in his state. The bill, which was given final approval the day before by the state legislature by a vote of 79-68, allows gay couples to form "civil unions" that provide them with a wide range of benefits previously available only to heterosexual married couples. While an amendment to the bill defines marriage as a union between a man and a woman, the civil union legislation is viewed as a breakthrough for gay rights. The legislation was precipitated by the Vermont Supreme Court's December 1999 ruling that homosexual couples must be granted the same protection under the law as married heterosexual couples.
The Defense of Marriage Act, which President Clinton signed into law in 1996, stipulated that while the states could decide for themselves what they recognize as marriage, the federal government would only recognize marriages between a man and a woman. So far, no state has passed legislation allowing same-sex unions to be recognized as legal marriages.
On March 7, California voters passed Proposition 22, proposed by state senator Pete Knight, which mandates: "Only marriage between a man and a woman is valid or recognized in California." The proposition, known as the Protection of Marriage Act, passed by a margin of 63 to 37 percent.
On One Hand...
The Vermont legislation is welcome progress for gay and lesbian couples. The law will protect law-abiding citizens who choose to live as a family and would treat them as such.
Proposition 22 is unnecessary since same-sex marriages are not recognized under current California law, and the true intention of the proposition is to undermine other recent gay-friendly legislation such as domestic partner laws granting some benefits to same-sex partners of California state workers.
On the Other Hand...
The Vermont decision shows that the gay agenda is infiltrating the political process, and laws like Proposition 22 are a necessary protection against the possibility of legal same-sex marriage. The law would prevent same-sex couples married in other states from claiming legally married status in California.
The proposition is not discriminatory, but merely reinforces the crucial role of traditional marriage and family in society.
- In 1967, the Supreme Court ruled in Loving v. Virginia that state laws banning inter-racial marriages were unconstitutional. Advocates of gay rights today argue that the same principles apply to laws prohibiting gays to marry.
- In 1978, the United States Supreme Court declared marriage to be "of fundamental importance to all individuals" in Zablocki v. Redhail. The court described marriage as "one of the 'basic civil rights of man'" and "the most important relation in life." The court also noted that "the right to marry is part of the fundamental 'right to privacy'" in the U.S. Constitution.
- California State Senator Pete Knight, the politician behind Proposition 22, has faced vocal opposition from his own son, David Knight, who is openly gay.
Human Rights Campaign, San Francisco Chronicle
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