WHY
YOU SHOULD OPPOSE THE ANTI-GAY MARRIAGE AMENDMENT TO THE NORTH
DAKOTA CONSTITUTION
Gay and lesbian couples are law-abiding taxpaying citizens who deserve the
same rights and responsibilities as their fellow North Dakotans. The
Fourteenth Amendment to the United States Constitution guarantees ALL citizens
the right of equal protection under the law. The Bill of Rights rests on the
principle that the rights of the minority are not subject to the whim of the
majority.
According
to the 2000 United States Census, there are 703 self-reported same-gender
households in North Dakota. Nationally and in North Dakota, approximately
one-third of lesbian couples and one-fifth of gay male couples are raising
children (this produces an approximate total of 190 North Dakota same-gender
households with children). Denying these families the security and stability
that marriage can bring hurts children; it does not protect them.
Denying
same-gender couples equal access to civil marriage does NOTHING to address any
of the problems faced by the institution of marriage today. How can
prohibition of same-sex marriage have any impact whatsoever on the divorce rate?
It can't, plain and simple. Does denying same-sex couples equal marriage rights
address the issues of domestic violence and "deadbeat dads"? Of course
it doesn't. Although opponents of marriage equality claim that these amendments
"protect" marriage and children, they are in fact nothing more than a
cynical attempt to scapegoat gay and lesbian North Dakotans for many of the
problems our society faces.
Religious
institutions DON'T have to recognize civil marriages. Churches have never
been forced to recognize or perform marriages that run counter to their beliefs.
Catholic churches are not required to conduct marriages for divorced persons,
for example, even though the marriages are legal under North Dakota law.
The
anti-gay amendments (at the federal and state levels) could ban any protections
under the law for gay and lesbian couples. Many of these amendments go
much farther than simply defining marriage as a union between a man and a woman.
They could prevent gay and lesbian couples from having any basic rights and
protections under the law, such as the right to visit a partner who is in the
hospital or the right to share health care and benefits.
At
a time when North Dakota is trying to attract and retain bright, talented
individuals, the last thing we should be doing is passing an amendment that
tells some current and future residents of our state that they and their
families are not welcome here. Tolerance is one of the most important
indicators of a city or region' s ability to attract and retain the types of
creative individuals who are likely to fuel economic grown in the 21st century.
There is a strong correlation between the existence of a strong and vibrant GLBT
community and the presence of what Dr. Richard Florida calls the "creative
class." (Richard Florida, The Rise of the Creative Class ).
North
Dakota law already defines marriage as being between one man and one woman and
does not recognize same-gender marriages performed in other jurisdictions.
Opponents of marriage equality claim that "activist judges" will
overturn such laws as unconstitutional, thereby creating a "need" for
state and federal constitutional amendments to "protect" marriage.
Apparently, our opponents have never considered the possibility that these
existing laws are in fact unconstitutional and that is precisely why several
courts around the country have ruled against them!
Constitutions
are meant to protect and expand rights, not restrict them! The proposed
amendment would enshrine discrimination in our state's most important legal
document. No matter how our opponents may package their arguments, the fact
remains that they oppose any protection of the rights of gay and lesbian
individuals and relationships. Discrimination is still discrimination,
regardless of how you attempt to justify it!