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.