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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!