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a

Amendment will not protect marriage
Bismarck Tribune, October 19, 2004
By Ken Rogers for the Tribune

Marriage and family are important institutions, of that there can be no doubt. No other institutions in life are nearly as important.

There's also no doubt that marriage and the family struggle in a society that has become more distracting and demanding. Divorce and single-parent households are common, and the resulting impact often can be seen in the disrupted lives of children and adults. It's a situation worse than unfortunate.

But new laws will not weld families back together or protect families in the future. Voters should reject Constitutional Measure No. 1.

The general election offers a constitutional measure that would define marriage. The text on the ballot reads: "Marriage consists only of the legal union between a man and a woman. No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect."

A yes vote would support this definition.

A yes vote, proponents say, would buck up the idea of marriage being only between a man and a woman. It would prevent same-sex couples from being recognized under state law. It's a measure, proponents say, in defense of marriage, thereby preserving the sanctity of marriage.

North Dakota has not been besieged by large numbers of same-sex couples marrying. There have been no controversies surrounding same-sex marriages in the state. Human Services has not been overwhelmed by same-sex married households demanding services. Our courts are not clogged with issues related to same-sex marriages.

With no significant problem or crisis at hand, there appears to be little cause to amend the state's constitution in this fashion. Unnecessary laws, sometimes, have the tendency to come back to haunt societies in the most awkward ways.

Those in favor of the issue do so mostly in religious terms -- interpreting the Bible for their support. The idea of a same-sex couple offends their beliefs. It is, in their eyes, offensive.

If this proposed constitutional amendment is, in fact, a religious issue, government ought not have anything to do with it.

Those opposed to the amendment find it homophobic, discriminatory and intolerant. If passing the amendment would result in discrimination in the market place, and by government, then voters ought to vote no.

What will help marriage and families can be found only in caring communities, with functional schools and churches.

Most likely Constitutional Measure No. 1 will be overwhelmingly approved by North Dakota voters, many of whom will be voting based on their religious faith. Certainly, that's their choice. But voters also might have some faith in the essential documents of our nation's and state's founding that have worked rather well, protecting the rights of diverse people.