EDITORIAL: Marriage should be a civil right for all
February 24, 2004
In 1776, the great framers of this country held that the equality of all is a self-evident truth. The civil rights movement of the 20th century the United States concluded equality cannot be denied because of the color of one’s skin.
And now we’re on the brink of a moral war, trying to determine whether equality and the pursuit of life, liberty and happiness can be denied because of love for someone of the same sex.
Across the country, demonstrations for equal rights for homosexuals are taking place, most around the topic of marriage. If the equal protection clause and due process of the 14th Amendment mean anything, states should reconsider the validity of laws banning gay marriage.
San Francisco is the most notable disobedient. Mayor Gavin Newsom has issued more than 3,000 marriage licenses to homosexual couples, despite Proposition 22, the California law strictly forbidding matrimony between people with the same anatomical features. However, Newsom did not stop at just issuing gay marriages. Newsom has sued the state of California and now will take the constitutional/moral debate to the California Supreme Court.
The consequences of Newsom’s actions go far beyond the borders of the state his city resides in. If Newsom wins, treatment of homosexuals as second-class citizens will be challenged. Defense of Marriage Acts across the country will be questioned. Currently there are 37 states with such laws, including Iowa.
Not only will the decision affect views on gay marriage, but also contest rules on gay couples adopting children. Look out, Florida.
A victory for Newsom could also signal mass civil disobedience as a way to challenge the system. Newsom is breaking the law, but the question is whether it is for a good cause. Few would argue that Martin Luther King Jr. was unjust when breaking the law during the civil rights movement.
There are also severe ramifications for the homosexual community if Newsom loses his challenge. Discrimination against homosexuals will be upheld, and could permanently relegate them as citizens with unequal status — not unlike what happened to the black population of the United States when, in 1896, the U.S. Supreme Court upheld separate but equal, even though it was inherently unequal. It took half a century for the court to recognize the constitutional violations of separate and unequal.
If the true meaning of equality prevails, then so will Newsom. His appeal in California is merely a stepping stone in achieving equal rights for homosexuals. Moral concerns aside, homosexual couples have every right to the same privileges other citizens are granted, including the sanctity of marriage.