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Top Ten Reason Why Gay/Lesbian Marriage should be Legal
by Ryan A. Rush
10. Marriage equality would build on America’s tradition of moving civil rightsforward and erasing the inequities of the past.
More than 10 nations already allowsame-sex couples to get married or to enter federally recognized domestic partnerships.What’s more, the fact that excluding same-sex couples from marriage has a long historyin this country doesn’t necessarily mean that this policy is in keeping with Americanvalues. The real tradition in this country has been to pass laws to safeguard the American people and to expand laws where they leave citizens unprotected, as was done for votingrights and workplace protections. It is also an American tradition to abandondiscriminatory laws, even if they are popular – as were bans on interracial marriage andJim Crow laws segregating the races in everyday life.
9. Marriage protects couples nationwide.
Unlike civil unions and domestic partner registries, which aren’t portable, marriages are recognized across state lines, under theConstitution’s full faith and credit clause. If the question of recognition is left to thestates, same-sex couples in some states might not achieve equality for decades. After all,it wasn’t until 2000 that Alabama voters removed laws against interracial marriage fromthe state constitution – and that was with a solid 40 percent voting to keep the law on the books.
8. Separate is not equal.
Although any step toward legal recognition of same-sexcouples and their families is a step in the right direction, GLBT families will not be trulyequal until they, too, can receive marriage licenses. As American history has proven, aseparate but equal system does not ensure real equality. And nothing short of marriagewould provide same-sex couples with the more than 1,000 benefits, responsibilities and protections afforded under federal law on the basis of marital status.
7. Public support is growing.
The Human Rights Campaign released results in August2003 from a poll (conducted by the Democratic polling firm of Peter D. Hart ResearchAssociates and the Republican firm American Viewpoint) showing that 50 percent of registered voters support or accept granting marriage licenses to gay and lesbian couplesas long as religious institutions do not have to recognize or perform these marriages. Atotal of 47 percent were opposed. There is no consensus in this country around denyingthe legal protections of marriage to same-sex couples. In fact, polls show us that a
 
 plurality of voters support or accept granting marriage licenses to gay and lesbiancouples. And, according to a Sept. 22, 2003, ABC News survey, only 20 percent wouldagree with amending the U.S. Constitution to ban marriage for gays and lesbians.
6. GLBT people deserve equal access to the American dream.
Gay, lesbian, bisexualand transgender people grow up dreaming of falling in love, getting married and growingold together. Just as much as the next person, same-sex couples should be able to fulfillthat dream. We know from anecdotal evidence that after same-sex couples have acommitment ceremony, their friends and family treat them differently – as a marriedcouple. Shouldn’t they, too, have the legal security that goes along with that?
5. Marriage provides families stability and security.
One thing that both sides of themarriage issue can agree upon is that marriage strengthens families. Children are moresecure if they are raised in homes with two loving parents who have a legal relationshipwith them and can share the responsibility of parenthood. According to conservativeestimates from the 2000 census, there are more than 1 million children being raised bysame-sex couples in the United States. Without the ability to establish a legal relationshipto both parents, children of same-sex couples are left without important protections, suchas Social Security survivor benefits. These children should not be penalized just becausetheir parents are gay.
4. There are hundreds of ways in which state laws take marital status into account,including some of the most basic of human rights.
State laws protect married couplesin extremely important ways, such as allowing hospital visitation, the right to inheritwithout a will and the right to make decisions in a medical emergency. Some of these can be secured through costly legal documents, but not all of them can. Furthermore, same-sex couples – who pay the same taxes and work just as hard as other couples – should not be forced to pay higher taxes and high legal fees just because of whom they love.
3. The Constitution promises liberty and justice to all Americans, not just themajority.
Opponents of marriage equality are pushing a divisive measure that wouldamend the U.S. Constitution to state that marriage “shall consist only of the union of aman and a woman.” The Constitution has been used throughout American history toensure, protect and expand the individual liberties of Americans. It has never beenamended to single out a class of people for unequal treatment, but it has been amended to
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