Its my Constitution Too!!!

It is often said that everyone is equal under the law. There is even a specific reference made to this in the United States Constitution saying that “all men are created equal.” We know that when the founding fathers wrote the Constitution, it was done so to express the desire they had for equality, justice, and freedom. In today’s modern society it seems as though the majority of Americans constantly seek out the minority to point out how different the minority is. This seems to be done more often when the various minority groups stand up to demand what the Constitution appears to already give: liberty, life, and the all important pursuit of happiness. Yet, in 2007, there are still United States Citizens that have to fight for the right to be considered equal. The civil rights movement has not died; it has been transformed by an estimated gay population of nearly 27 million (Rubenstein et al). This current struggle to be treated equally is revolving around the right to be married and obtain the same social, financial and other benefits that our heterosexual counterparts enjoy everyday.

There are those that claim that allowing gay Americans the right to wed will add to the “current decline of the institution of marriage and it will be accelerated” (Dobson). The decline of marriage has nothing to do with Gay Americans having the same right to marry as others. In fact, this very argument was presented to the United States Supreme Court in 1892 when a black man wanted to marry a white woman. In oral arguments, The State of Louisiana claimed that “the white race deems itself to be the dominant race in this country. And so it is, in prestige, in achievements, in education, in wealth, and in power chooses to disallow a negro to marry a woman in our race, it should be so” (Brown). The court finally overturned that decision in 1954, and ruled that the separate but equal belief was unconstitutional (Brown). It is a hard sell to say that gay marriage or any other outside factor could have that much influence on whether a heterosexual couple chooses divorce over marriage. The factors can vary greatly. However it ultimately comes down to what’s best for the two people involved in the marriage. Using this argument is akin to saying that because someone’s neighbors happen to be a gay couple, caused a bitter divorce and ruined the sanctity of their marriage. That in itself simply sounds absurd.

It is clear to anyone looking purely at the numbers, heterosexual divorce percentages far surpass that of gay civil unions. It is also disturbing to see the amount of children affect by divorce. In July 2000, the State of Vermont allowed gays to commit to each other in civil unions. This law gives the same rights and privileges to gay couples as a marriage would. Between 2001 and 2003 there have been a total of 4,979 gay civil unions performed in Vermont. Of those unions, only eight have filed to dissolve them, and only two involved the custody of children. Compare that to 18033 heterosexual marriages performed, with a divorce total of 7,785. Of those divorces filed 5,320 had children (State of Vermont).

Children often come up in the argument against gay marriage. “This sort of marriage is not in the best interest of children. God has a plan for marriage and this isn’t it. Allowing this kind of marriage will pave the way for all sorts of moral depravity that will affect the children for years to come. Lest we forget about the sex predators” (Sprigg). As mentioned previously, the divorce rate among gay couples with children is basically nil. Knowing this fact, those with the opposing view choose to mention sexual predators when talking about gay marriage and children. According the United States Department of Justice 94 percent of convicted sexual offenders committed the crime against a child of the opposite sex. Of that 94 percent, all of the offenders identified themselves as heterosexual (Criminal Profile). It is very easy to argue emotion, and ever increasingly more difficult to argue fact.

When looking at the State sanctioned institution of marriage, gay and lesbian families are left out of the equal protection clause of the Constitution. In a limited number of States, they are given some of the legal equalities of a heterosexual marriage, called a civil union. Many State legislators claim that this is the same as marriage, but under a different name. When looking more closely at it, that is simply not accurate. The heterosexual marriage is recognized throughout the nation regardless of where the marriage was performed. However, a civil union is valid only in the state that it is sanctioned. The federal government and other states are not required to provide a civil union couple any rights they were provided upon entering their union (DOMA). When the DOMA act, or the Defense of Marriage Act was signed into law for the first time in modern United States history, the United States Congress and the President wrote a law to specifically discriminate against other American Citizens. Article four of the Constitution states that “full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.” DOMA excluded the gay civil union for this clause of the very document that every member of Congress swore to uphold.

While there may be many emotional opinions on whether or not to allow gays to marry, it comes down to basic fairness. As a nation, we supposodly cherish the fact that we are a free people and attempt to spread the ideals of our Constitution globally. How can this country be so hypocritical when it comes to a minority? The answer is in our own history. Minorities have had to fight for the very basic rights all ready afforded them when they are born here. This horriable slap in the face has been perpitrated upon the African-Americans, the Native-Americans, and now the Gay-Americans. When removeing the emotion from the debate, one can not continue to argue that gay marriage would be detrimental to the institution of marriage as claimed by so many. An American is an American. The Constitution applies to us all.


Works Cited

Brown, Justice Henry B. "PLESSY V. FERGUSON." The United States Supreme Court. 1896. 2 June 2007 .

"Criminal Profile of Sexual Offenders." United States Department of Justice. 2 June 2007 .

Dobson, Ph.d, James C. "Same-Sex "Marriage"" Focus on the Family. Fall 2006. 2 June 2007 .

"DOMA-Denfense of Marriage Act." Government Printing Office. 21 Sept. 1996. 2 June 2007 .

"FAQ." Vermont the State That Says I Do! 2 June 2007 .

Rubenstein, William B., Bradely Sears, and Robert J. Sockloskie. "Gay Demographics in the United States." The Williams Institute. Jan. 2003. University of California Los Angeles School of Law. 1 June 2007 .

Sprigg, Peter. "Just Who is Lying About American Families?" FRC: Family Research Council. 19 Jan. 2007. 2 June 2007 .

"State of Vermont Vital Statistics." State of Vermont. 2 June 2007 .