Gay Marriage the Overwhelming Passage

¶ … Gay Marriage

The overwhelming passage of amendments defining marriage as a union between man and woman is a sign of religious fundamentalism creeping into the back door of the American government. Amendments such as this undermine every citizens constitutional right to freedom in a country founded on the principles of democracy and liberty for all. It signifies an end of democracy and the beginning of a movement toward religious fundamentalism that may eventually undermine the American justice system.

Political fundamentalism or the fundamental principles upon which this country was created do not support the notion of defining marriage as a union between man and woman. Rather it supports the notion that marriage is a union to be defined by individuals as they see fit, in a society that promotes the ideals of freedom and choice.

Despite this basic concept an overwhelming majority of states have successfully passed amendments that define marriage from a religious and Christian perspective. In addition, passage of these amendments relegates gay members of society to a status of second-class citizens because they are not afforded the same opportunities and rights that ordinary citizens are in the best of circumstances. These ideas and more are explored below.

Marriage is considered for many Americans to be the most basic human institution. Hagelin (2004) suggests that the issue of gay marriage is the defining issue of our generation because by its very nature marriage has been defined as a basic right and institution established for the people by the people since the dawn of time.

The issue of gay marriage and resulting legalities surrounding the institution of marriage itself has been debated for many years. In 1996 a state court in Hawaii dismissed the states laws against same-sex marriage thus destroying what was considered the traditional definition of marriage (Hagelin, 2004).

Within months of this decision however a federal amendment defining marriage as the union between a man and a woman was passed, overriding a state's discretionary decisions regarding the institution of marriage. The law referred to as the Defense of Marriage Act was subsequently adopted by 38 states, which establishes marriage formally as an arrangement only between a man and a woman (Hagelin, 2004).

Despite such apparent religious fundamentalist beliefs however Massachusetts decided that it had the power to declare that same sex marriages were legal and even started issuing licenses to couples wishing to get married.

The American people as a whole are rising up to assure that gay marriage is banned for good. In Michigan, Montana and Arkansas for example petitioners have put together enough signatures to allow state constitutional amendments 'protecting marriage' as a legal matter between a man and a woman (Hagelin, 2004). Does this mean that the American public as a whole is opposed to the idea of gay marriage, or simply that one group has more representation and power in the country? The answer is more likely the latter.

What is at stake? According to religious fundamentalists including those passing the amendments defining marriage, the fundamental belief that marriage was meant to represent a physical union of one man and one woman. Religious fundamentalists believe that the act of marriage represents the values of society and even the differences between that which is right and that which is wrong (Hagelin, 2004). From this standpoint, a union between a man and a man or woman and woman is wrong and immoral.

Again from the religious fundamentalist perspective, marriage is considered an avenue to promote social order (Hagelin, 20004), and by the very nature of the act homosexuality is often considered a state of disorder. It is important however to recognize that religious fundamentalism is not the foundation upon which this country was built, nor is it the one on which this country will continue to thrive in the future.

Banning gay marriage goes against the fundamental American belief that people have a constitutional right to freedom. America is a country where a separation of church and state should exist, the country was founded on this very principle. In reality there is growing support in the country to uphold the moral beliefs of religious fundamentalists, particularly Christian ones. These very ideas however dismiss the political idealisms upon which this country was founded.

America was built and founded on the grounds and fundamental principle that church and state should be separate; thus people have the right to worship or not as they choose, live their life as they choose and practice beliefs as they see fit. Further, the American government and political system was built on multi-cultural, multi-religious and multi-denominational principles (Marcel, 2004).

American is not a Christian nation, or at least it was not created on this ideology. Rather historically America has often been referred to as the 'melting pot' where people could seek refuge from persecution on the basis of religion or other practices or beliefs that might be considered personal and individual. Religious fundamentalism has not wrought success in other countries such as Saudi Arabia or for people living under the rule of the Taliban (Marcel, 2004), and thus is also likely to fail as the primary basis for government regulation in this country.

The role of government is to make decisions that support the good of the whole rather than the good of individuals; by nature the law should not determine whether or not something is morally correct or fair (Marcel, 2004). Rather the law should be utilized to determine what is just. The law has no place deciding what the definition of marriage should be, nor should religious fundamentalists.

In theory, if one admits that this country was founded on the principles of liberty for all, then American prosperity is "based on the freedom of thought and ideas, of inventing exploring and creating" (Marcel, 2004).

What does the passage of these amendments signify for gay citizens? Does it relegate them to a second class status? The passage of such amendments limits the rights and freedoms of gay citizens and does relegate them to second class status. It signifies an end of political and democratic freedoms and the beginning of religious fundamentalism as a political force dictating that which is right and that which is wrong within this country.

The question to be answered is whether judges or the American people have the right to legally decide what the definition of marriage is and is not. The passage of amendments defining marriage definitely asphyxiates the rights of gay people in the United States. It relegates them to second class citizens, because it prohibits them from enjoying the fundamental freedoms and rights guaranteed to other citizens purely on the basis of their sexuality and personal choices. It suggests that only some American people have the right to decide what the definition of marriage is, and that only some beliefs and morals are valuable elements of this countries foundation.