Tuesday's California Supreme Court decision to up hold Prop 8 has once again brought the debate regarding gay marriage to the forefront of the political arena. The history of this debate is long and tumultuous. Since the early days of the gay rights movement, gay rights activists have been seeking equal rights in the eyes of the law. A key component of equal rights is the recognition of households and relationships. To this end, in 1984 Berkley, California was the first government body in the United States to recognize same-sex couples when offering partnership benefits for their government and school employees. Nine years later the national debate regarding same-sex marriage erupted when the Hawaii Supreme Court declared that, barring a "compelling state interest," the State of Hawaii could not bar same-sex couples from marrying without violating its own equal protection statutes. The Hawaii state legislature soon amended the constitution to overrule the Court.
Yet, despite a variety of roadblocks the fight for the recognition of same-sex couples in the eyes of the law continues. One such roadblock was the Defense of Marriage Act in 1996 that prevents any future hypothetical same-sex married couples from receiving federal benefits. This act also stipulates that no state needs to treat a relationship between persons of the same sex as a marriage, even if the relationship is considered a marriage in another state.
Perhaps the biggest roadblock to same-sex marriage occurred this past November with the passage of Proposition 8 in California. In May 2008, California became the second state in the U.S. (after Massachusetts) to allow same-sex marriage. In an attempt to overrule this decision anti-gay activists put a measure on the California ballot to change the constitution to define marriage as being only between a man and a woman. While the battle was hard fought Prop 8 passed 52-48%. Proponents for same-sex marriage brought the issue before the court hoping that Prop 8 would be overturned. On May 26, the California Supreme Court ruled that Prop 8 will stand as law in California. It did however, stipulate that the marriages of the 18,000 or so same-sex couples who married between June and November 2008, before Prop 8 was passed will remain valid. But from this point on, same-sex marriages will not be legal in California.
Despite the various roadblocks proponents of gay marriage have faced, there have been several victories. Currently in the United States gays and lesbians can legally marry in Massachusetts, Connecticut, Iowa, Vermont and Maine, while several other states, including New York, will recognize same-sex marriages performed by other states.
While these states should be congratulated for their progressive and forward thinking ways, it is not enough. It is time for the federal government to take action. For years gay rights issues have been compared to the civil rights movement of the 1950s and 1960s. It is time the federal government took a page from that time in our nation's history. It wasn't until the federal government passed the Civil Rights Act of 1964 that racial segregation in schools, public places, and employment was outlawed. Once the Act was implemented, its effects were far reaching and had tremendous long-term impacts on the whole country. It prohibited discrimination in public facilities, in government, and in employment, invalidating the Jim Crow laws in the southern United States. Proposition 8 is the new Jim Crow laws of gay rights. Giving a sub sect of citizens different and lesser rights is morally and constitutionally unfounded. It is time the politicians in Washington grew a pair of balls and fought for equal rights for all of the citizens of this country, despite whatever political fallout they may personally face. By creating federal legislation which recognizes marriage for all of its citizens and eliminating the Defense of Marriage Act, the federal government will redeem itself from its prior indiscretions.
The only other option is to eliminate state marriage completely. If a hetero or homosexual couple wants to get married they can go to their local church or synagogue and get married through their local religious institution. Otherwise, everyone who wants to make an official commitment in the eyes of the law can get a civil union. This will create equality for all couples in the United States. However, this option is unrealistic and will never happen.
While I understand the religious implications regarding gay marriage that isn't the issue at hand. The issue at hand is whether same-sex couples can be married in the eyes of the law. If religious institutions want to marry gay couples that is their prerogative. Last I checked there is a separation between church and state. Churches can decide for themselves if they want to have same-sex marriage involved in their institutions but the state cannot discriminate against its citizens.
Twenty years from now, do you want to explain to your children how you were on the wrong side of history? It is time to push for equal rights for all this nations citizens, now!
