I've been working on this post for almost a week! Unfortunately, I'm a little late getting it posted for Freedom to Marry Week, but I think think it's important to get this information out there and to start discussions.
This week, Feb 8-14, is Freedom to Marry Week and is intended to generate discussion and understanding of the issues surrounding equal marriage.
This is a very important issue to me, not because I'm lesbian, gay, bisexual, transgendered, or queer (LGBTQ) myself or even because I have someone very close to me who is, but because I feel that this is the civil rights cause of our generation. I truly wish that I had been around during the 50's and 60's and could have participated in the freedom rides and the marches. I would so like to think that I would have been courageous enough to stare down the water hoses and the tear gas in an effort to win my fellow humans their equal rights. I so admire the amazing people who put their lives on the line to fight for what is right. Dr. King is one of my heros. I only wish that I could be as charismatic and courageous as he. But one of the things that I always note in the pictures from that time is the small number of caucasion folks in the mix. I truly admire these people as well, because they were not going to benefit from the changes in policy or society. They would in fact be giving something up... giving up some of the power and privileged that they benefited from, justly or not. So why did they do it? They did it because it was the right thing to do! Because as the saying goes, "No one is free, when others are oppressed!"
So, to begin the discussion, I will layout some of the reasons why I believe that marriage should be an equal establishment under federal law regardless of the sex of the applicants.
Number One:I am a huge advocate of the separate of church and state, and although the exact phase is not in the Constitution or the Bill of Rights, the concept is a corner stone on which our nation was built. The founding fathers had fled persecution, and did not want to allow it to fester in their new state.
The First Amendment reads: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This can be interpreted different ways. Some would say that this statement keeps the state out of the church but not the church out of the state. Some say that our country was founded on "the freedom OF religion, not freedom FROM religion". But in my opinion, one without the other nullifies the whole concept. Freedom of religion must include the freedom to practice no religion or it is meaningless.
In the Treaty of Tripoli ratified in 1797 (just 21 years after the signing of the constitution) the United States Senate says:
As the Government of the United States of America is
not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen; and, as the said States never entered into any war, or act of hostility against any Mahometan nation, it is declared by the parties, that no pretext arising from religious opinions, shall ever produce an interruption of the harmony existing between the two countries.
source*emphasis added.
If that's not a declaration of governmental religious tolerance, I have no idea what is!
In an entry in Madison's papers from August 15, 1789, he says, "“Mr. Madison said he apprehended the meaning of the words [of the First Amendment] to be, that Congress should not establish a religion, and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience....”
sourceFor me the key here is the "Congress shall not... enforce the legal observation of [religion] by law" part. This says to me that I as an agnostic should not be mandated by law to observe the rules of the Bible or the Koran or the Torah. The Law of the Land, the law that governs everyone should be based on a logical, scientific (if possible), objective look at what is best for society. Now if a law happens to be both objectively good for society and in line with a particular religion, then even the better. For instance, murder is illegal according to our civil laws. The reason why it is illegal is because of the impact that unpunished killing has on a society (just look at the horror and devastation when a genocide is sanctioned by a government like in Hollucost Germany or in Bosnia, or when there is a weak government like the Darfur region of Sudan) not because the Judeo-Christian Bible says "Do Not Kill."
Now this does not mean that religious people are required to leave their religion at the door of the public debate. But as then Senator Obama put it, when discussing faith in a pluralistic society, "religious people need to translate their concerns into universal, rather than religion-specific, values".
sourceNumber 2:From what I have heard of the debate, the biggest points have to do solely with a religious opposition to homosexuality. What I hear the most is, "Well the Bible says ...". Well, we've just established that when it comes to the federal government and the laws of the land, that there must be some more universal and not "religion-specific" reason for denying rights to US Citizens. Now, the opinion that homosexuality is wrong should be tolerated just as all other opinions, and just as the First Amendment dictates, the government would never require a particular church or religious organization to acknowledge the marriage of a homosexual couple, just as the Catholic church does not recognize the unions of those married outside the Catholic church, similarly with the Mormons. I'm sure most church would not recognize my marriage because it was not performed in the name of god. But society at large should not have to be held to a strictly religious standard. Since, Christianity is the dominate region in the US, I suspect that it is easier for a majority of people to accept laws based on the Bible because it is something they have at the least grown up around. I wonder how the population in general would feel if the standard stopped being the Bible and started being the Koran. I can only imagine the uproar when headscarves are required! It's funny, how violation of church and state is perfectly fine as long as it's your church.
So, is there any non-religious-specific reasons to deny marriage rights and adoption rights to the LGBTQ community. For a look at this, we'll turn to the American Psychological Association's website. In an article titled Lesbian and Gay Parenting, by Charlotte J. Patterson, Ph.D, the APA's opinion on this subject is laid out.
"Certainly, research has found no reasons to believe lesbian mothers or gay fathers to be unfit parents (Armesto, 2002; Barret & Robinson, 1990; Bigner & Bozett, 1990; Bigner & Jacobsen, 1989a, 1989b; Bos et al., 2003, 2004; Bozett, 1980, 1989; Patterson, 1997; Patterson & Chan, 1996; Sbordone, 1993; Tasker & Golombok, 1997; Victor & Fish, 1995; Weston, 1991). On the contrary, results of research suggest that lesbian and gay parents are as likely as heterosexual parents to provide supportive home environments for children."
sourceSimilarly, in their Resolution on Sexual Orientation and Marriage they quote:
"Anthropological research on households, kinships relationships, and families, across cultures and through time, provide[s] no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution" (American Anthropological Association, 2004)"
Additionally they state that, "Psychological research on relationships and couples provides no evidence to justify discrimination against same-sex couples (Kurdek, 2001, in press; Peplau & Beals, 2004; Peplau & Spalding, 2000).
And finally, "Therefore be it resolved that the APA believes that it is unfair and discriminatory to deny same-sex couples legal access to civil marriage and to all its attendant benefits, rights, and privileges."
source
Number 3This is not the first debate where the Bible has been used to try and deny rights.
Religion and "natural order" were regularly used to oppose the Suffrage Movement that ultimately gained women the right to vote.
Reverend John Williams of St. Barnabas Episcopal Church of Nebraska said, "God meant for women to reign over home, and most good women reject politics because woman suffrage will destroy society."
sourceIn a paper prepared by J. B. Sanford, Chairmen of Democratic Caucus entitled Against Women's Suffrage, 1911, Mr. Sanford states that:
"The mothers of this country can shape the destinies of the nation by keeping in their places and attending to those duties that God Almighty intended for them."
sourceOne Anti-Suffrage activist is reported as saying:
"The most convincing reason I have heard given was the one offered by Miss Pearson 'We want the ballot, and we want it when we want it.' That is the old story-of woman-Eve she got it and we've had trouble ever since."
sourceThe same is seen during the fight for Inter-racial Marriage Rights:
The ground breaking case in the fight was Loving vs. Virginia, a court case in which a White man and a Black woman married in the District of Columbia where it was legal. They then moved back to Virginia to live, where inter-racial marriage was illegal. They were charged with violating the ban on inter-racial marriage. When suspending their sentence of one year in jail on the condition that they would leave Virgina and not come back, the trial judge said:
"Almighty God created the races white, black, yellow, malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix."
source The Lovings eventually took their case to the US Supreme Court where the Court ruled that it was unconstitutional to deny marriage rights based on race and therefore overturned all State laws to the contrary.
I truly believe that in 50 years we will look back on the opposition to Equal Marriage as just as silly and discriminatory, as the arguments presented above.
Number 4Now I have a feeling that the same thought is flashing through the heads of all my conservative christian friends. "But women's right to vote and inter-racial marriage are not strictly prohibited in the Bible. Homosexuality is!"
Do not lie with a man as one lies with a woman; that is detestable. Leviticus 18:22
If a man has sexual intercourse with a male as one has sexual intercourse with a woman, the two of them have committed an abomination. They must be put to death; their blood guilt is on themselves. Leviticus 20:13
Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God. (1 Corinthians 6:9-10)
Ok, I can see that point.
However, divorce(except under one, questionably two, circumstances), fornication, and adultery are also prohibited.
I hate divorce, says the Lord God of Israel. Malachi 2:16a
But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become an adulteress, and anyone who marries the divorced woman commits adultery. Matthew 5:3
I tell you that anyone who divorces his wife, except for marital unfaithfulness, and marries another woman commits adultery. Matthew 19:9
Now concerning the things whereof ye wrote unto me: It is good for a man not to touch a woman. Nevertheless, to avoid fornication, let every man have his own wife, and let every woman have her own husband." (1 Corinthians 7:1-2, KJV)
Now to the unmarried and the widows I say: It is good for them to stay unmarried, as I am. But if they cannot control themselves, they should marry, for it is better to marry than to burn with passion.(1 Corinthians 7:8-9)
Marriage should be honored by all, and the marriage bed kept pure, for God will judge the adulterer and all the sexually immoral. (Hebrews 13:4)
Thou shalt not commit adultery Exodus 20:14
Do you not know that the wicked will not inherit the kingdom of God? Do not be deceived: Neither the sexually immoral nor idolaters nor adulterers nor male prostitutes nor homosexual offenders nor thieves nor the greedy nor drunkards nor slanderers nor swindlers will inherit the kingdom of God. (1 Corinthians 6:9-10)
And here is that 1 Corinthians 6:9-10 passage again. But notice this time that homosexuals are not the only ones that god says will not inherit the kingdom, thieves, the greedy, drunkards, nor slanderers. Which of us has not stolen a pen or stapler from our office, who has not been guilty of being greedy, I hardly know a single person who hasn't been drunk at least one good time, and I don't think any of us can claim to have never gossiped.
First of all we've already established that the bible is a wonderful moral compass for individuals who choose to see it that way, but it is not an adequate compass by which to set civil law. Secondly... here's my question... Why this issue? Why Equal Marriage. Why not take up a campaign to abolish the no-fault divorce laws, or strengthen and encourage the prosecution of adultery or ban marriage for couples who have lived together prior to marriage? I have my theories, but I'll let you draw your own.
I'll leave you with a couple of great quotes:
Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven. Luke 6:37
The test of courage comes when we are in the minority. The test of tolerance comes when we are in the majority. Ralph W. Sockman
You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist. Friedrich Nietzsche
Now you know my thoughts. Feel free to share yours.
Peace y'all!
Bonnie