FARGO - Equality North Dakota wishes to thank the Herald for its editorial opposing Measure 1.

In particular, we appreciate the editorial board's acknowledgement that loving, committed same-sex couples are "entitled to equal protection and equal benefits." Marriage is a basic human right, and we see no sound public policy reason for continuing to deny same-sex couples that right.

North Dakota voters should be clear that existing state law already prohibits same-sex marriage. Our opponents claim these laws are in imminent danger of being overturned by "activist judges" here in North Dakota, a claim the Herald rejected in its editorial. So, why this big rush to amend our state's most important legal document to ban something that doesn't even exist?

The editorial discussed what it calls "two essential elements in a democratic society: individual rights and the importance of families." The Herald seemed to be presenting these elements as somehow in conflict with [respect to] the issue of same-sex marriage. We respectfully disagree: How could same-sex marriage interfere with the right of a heterosexual couple to marry and raise a family? Does it make sense that heterosexual couples will stop marrying if same-sex couples are granted equal access to civil marriage? Of course, it doesn't.

According to the 2000 census, there are 703 households in North Dakota headed by a same-sex couple. Because this figure is based on self-reporting, we have reason to believe that it underestimates the total number of same-sex households. Nationally and in North Dakota, approximately one-third of lesbian couples and one-fifth of gay male couples are raising children. This yields a figure of about 190 households with children in our state being headed by a same-sex couple.

Nationally, it's estimated that at least 1 million children are living in families headed by a same-sex couple.

Many national organizations have studied the scientific literature and concluded that there is no sound, logical basis for restricting parenting by same-sex couples. Those organizations include the American Academy of Pediatrics, American Academy of Family Physicians, American Psychological Association and American Psychiatric Association. Their position is based on research that shows children raised by same-sex couples are just as happy, healthy and well-adjusted as children raised by opposite-sex couples.

The implications and perhaps unforeseen consequences of the amendment's wording also are a cause for concern. Our opponents have claimed it does nothing except restate existing state law - but the second half of the amendment is much more than a simple definition of marriage. Some analysts have argued that the second statement would prohibit civil unions and possibly any other legal protections for same-sex couples, including domestic partner benefits.

When asked for a formal opinion on the proposed amendment, North Dakota Attorney General Wayne Stenehjem said he was unable to determine the exact meaning of the proposed language or its exact effects. Are we prepared to amend our constitution without knowing just what this amendment will do and who it will affect?

For this and many other reasons, Equality North Dakota urges voters in North Dakota to reject this unnecessary and unfair amendment to our state constitution. Constitutions should not be used to deny rights to any group of citizens. Let's stick instead to our proud tradition in North Dakota and in our country of using constitutions to expand and protect rights for all.