Talking
Points on the Proposed Marriage Amendment to the North Dakota
Constitution
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 only hurts
children.
Many
rights and privileges are available only through the marriage contract.A number of protections can be arranged through private
contract, but these represent a fraction of the approximately 1300 rights,
privileges and responsibilities available to a married couple at the
federal level.
The
anti-gay amendments (at
the federal and state levels) could
ban any protections under the
law for gay and lesbian couples.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 in the hospital or the right to
share health care and Social Security benefits.
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.
Religious institutions DON’T have to recognize civil marriages.Churches have never been forced to recognize or perform marriages
against 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.
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).
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 the divorce rate be lowered by reserving marriage for opposite-sex
couples? 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 not. All our opponents
can do is attempt to scare the public with claims about the
"impending end of Western civilization."
Our
opponents claim that our sexual orientation is merely chosen and that our
“lifestyle” is a “behavior” that does not merit protection similar
to that offered on the basis of innate characteristics, such as race,
physical ability, gender, etc.While
a growing body of scientific literature and the testimony of countless
lesbians and gay men speak of sexual orientation as an innate
characteristic, the argument over the basic nature of homosexuality is
ultimately irrelevant in a legal context.Our country’s laws protect individuals from discrimination on the
basis of innate characteristics as well as guarantee an individual’s
right to engage in certain behaviors (for example, freedom of religion and
freedom of expression).
Our
opponents often claim that gay and lesbian relationships are too
“unstabile” to receive the privilege of civil marriage.Even if that were in fact the case, what is the logic behind
denying the gay or lesbian couple and their children the very institution
that can provide the stability and security that those relationships and
families supposedly lack? In fact, given the current high divorce
rate, this claim could be used to argue against marriage for opposite-sex
couples!
Opponents
of marriage equality for same-gender couples claim that changing the
current definition of marriage will destroy the institution.Many of the claims being heard today are not much different than
those that were made during the debate over interracial marriage.The dire predictions of an end to marriage “as we know it” did
not come true then, nor will they if same-gender couples are allowed to
marry.Changing standards do
not mean there will effectively be no standards, as our opponents assert.Legislatures and the courts have always had the power to define
civil marriage; as our understanding of human rights has grown, our
definition of marriage has changed to adapt to that new understanding.
Marriage
as a legal institution has changed considerably in Western Europe and the
United States. Throughout much of our history, marriage was often
"traditionally" defined as a union of two people of the same
religion, or the same race, or as a relationship in which the female was
simply the property of the male. With the rise of individualism and
equality of all individuals, those "traditional" elements have
changed. Now we emphasize that marriage is matter of personal choice of
each of the individuals involved, not their parents, their church, or
their government.
One
example of how civil marriage has evolved over time if the legal status
afforded to women under the marriage contract.Under English common law, and in all American colonies and states
until the middle of the 19th century, married women had no
legal standing.They could
not own property, sign contracts, or legally control any wages they might
earn.As late as 1940 married
women were not allowed to make a legal contract in twelve states.
Is this the "traditional" view of marriage to which our
opponents would like to return?
Opponents
of equal marriage rights for same-sex couples rely on scare tactics,
unfounded and false claims, half-truths and misinformation to make their
case. When solid information is presented that contradicts their
claims, they simply ignore or dismiss it, as in the case of numerous
well-respected national organizations, such as the Child Welfare League of
America and the American Academy of Pediatrics, that oppose restricting
parenting rights for lesbian and gay couples.