On November 18, 2003, the Massachusetts Supreme
Judicial Court struck down that state's ban on
same-sex marriage, and homosexuals across the
nation rejoiced. Gay columnist Andrew Sullivan
triumphantly declared, "Thank God Almighty, we are
free at last."
Specifically, the Massachusetts
Court found the state's current marriage statute
inconsistent with the Massachusetts Constitution
and has required the state legislature to remedy
the situation within 180 days. The legislature has
two options: either to enact a changed marriage
statute consistent with the Court's ruling, or to
amend the Massachusetts Constitution to include a
ban on same-sex marriage.
While gay-rights supporters have
hailed this decision as a victory, it has
nevertheless come under fire by several
Christian-conservative groups and prominent
Republicans. The Republican governor of
Massachusetts, Mitt Romney, has called for the
state legislature to draft an amendment to the
state constitution to exclude same-sex marriage,
and President George W. Bush declared firmly that
"Marriage is a sacred institution between a man and
a woman" and vowed to work to protect the "sanctity
of marriage."
As a gay Christian Republican, I
freely admit that I am at this time conflicted in
my loyalties. The party of Lincoln and the
emancipation of the slaves has morphed into a party
that too often resists change merely for the sake
of protecting the status quo. But alas, I am not a
one-issue voter, and will not let my disagreement
with Republicans on gay rights dominate my
political judgment.
Cultural attitudes towards
homosexuality are undergoing significant change, as
society's understanding of it increases. Where most
people used to think of homosexuality as a choice
(hence the term sexual preference), many now think
of it as a natural identity (sexual orientation).
This is no accident. Any homosexual will
confidently proclaim that it is not a choice, and
several scientific studies all point towards
homosexuality as a genetic disposition.
Once the understanding of
homosexuality that has forever been in the hearts
and minds of homosexuals enters the public
consciousness, society's laws will begin to
recognize homosexuals as a class of individuals
with a common physical trait, and thus subject to
equal protection under the decree of the
14th Amendment of the United States
Constitution.
In Lawrence v. Texas, a recent
Supreme Court decision striking bans on sodomy, and
in subsequent cases, our nation's highest court has
indeed recognized homosexuals as a group deserving
of protection. This realization, taken to its
natural conclusions, will inevitably end
governmental discrimination against homosexuals, in
the same manner that governmental discrimination
based on race and sex has also been
Constitutionally prohibited. The rights entitled by
marriage, whether referred to as marriage or as a
civil union, must extend to all.
Opponents of same-sex marriage
argue that the sanctity of the institution is
endangered by removing the requirement that
marriage involve a man and a woman. Yet, they offer
no convincing evidence that such will actually be
the case; only the most bigoted individual would
argue that homosexuals are incapable of the love,
respect, loyalty, honesty, and other qualities
necessary for a successful and fulfilling
marriage.
Therefore, they fall back on
tradition and religious arguments. Tradition alone
is never sufficient reason to resist change. If it
were, then blacks would not be free today and women
would not be allowed to vote. In regards to
religious arguments, nobody is wishing the
government to force any religion to accept a
different definition of marriage. Rather, they want
the government to confer the solely civil rights of
the civic institution of marriage equally upon all.
Asking the government to define a civic institution
based on religious grounds, would be an
unconstitutional breech of the First Amendment
Establishment Clause, and therefore is an improper
request.
In Lawrence, Justice
Scalia said this nation is becoming entangled in a
"culture war," and in a sense he was right. We have
the choice today between tolerance and equal
treatment and bigotry and discrimination.
Ultimately, the challenge facing society is the
same challenge that faces each one of us in our
hearts and souls, and is best captured in the words
of Martin Luther King, Jr.: "The good neighbor
looks beyond the external accidents and discerns
those inner qualities that make all men human and,
therefore, brothers."
