Widgets Magazine

OPINIONS

United for marriage equality

Every other Tuesday, we usually present you all with our opposing perspectives on a given political issue. But today, we will do something different and present you with our unified point of view. We chose to do so today because we hope to talk about an issue of utmost importance for our generation—an issue that can, and should, unite us rather than divide us along political lines. That issue is same-sex marriage, and specifically the court case that could make marriage equality the law of the land at last.

The case is Obergefell v. Hodges, which the Supreme Court of the United States heard one week ago today, and will officially decide upon at the end of their session this summer. The Supreme Court has already dealt with the issue of same-sex marriage in a limited way with two other cases, both in 2013. The first, United States v. Windsor, struck down the federal Defense of Marriage Act (DOMA) that had barred the federal government from recognizing same-sex marriages, and the second, Hollingsworth v. Perry, allowed a lower court’s ruling against Proposition 8 to stand.

But Obergefell has the potential to affect the legal status of same-sex marriage in this country in a much larger way. Though the District of Columbia and 37 states currently recognize same-sex marriages as equal to opposite-sex ones, the Supreme Court could strike down the same-sex marriage bans in the remaining 13 states and several territories through its ruling in Obergefell. The Court should do just that.

The main rationale for it to do so lies with the Fourteenth Amendment, which the pro-marriage-equality arguments in the Obergefell case rely on. Besides enshrining the idea of birthright citizenship into our Constitution, the Fourteenth Amendment—one of the three ratified in the wake of the Civil War—includes two clauses that the decision in the Obergefell case will likely hinge upon. These are the Due Process and Equal Protection clauses, and regardless of which proves more weighty in the final decision, overturning restrictive state definitions of marriage on the grounds that they violate either clause makes legal and rational sense.

The Equal Protection clause provides perhaps the more obvious route by which the Court could strike down such restrictive laws. Current law makes marriage an incredibly beneficial practice, both economically and otherwise. As such, treating long-term, committed relationships between people of the same sex—marriages in all but name—differently than such relationships between people of the opposite sex does violate that clause; doing so amounts to the federal government failing to ensure that such relationships (and, by extension, the liberties of the people in them) are protected equally under the law.

Much stronger, however, is the case that bans on same-sex marriage violate the Due Process clause of the Fourteenth Amendment. Chief Justice Earl Warren’s Supreme Court, in 1967’s Loving v. Virginia, held that a basic (civil) right to marriage exists for all people—meaning that bans on marriage between same-sex partners deprives them of that right. A violation of that sort violates due process, just as laws against interracial marriage did until the Loving decision.

But while the Constitutional case for same-sex marriage is clear, opponents of marriage equality still try to condemn what they see as violations of morality or tradition.

Some critics of marriage equality argue, for instance, that same-sex marriage threatens our religious freedoms. Recently, Tony Perkins, President of the Family Research Council, wrote that if the Supreme Court legalizes same-sex marriage, then churches will lose their tax-exempt status. His logic holds that marriage equality would cause the federal government to fine churches that do not perform same-sex marriages and revoke their tax exemption. Of course, this ploy is nothing more than a scare tactic to convince people that supporting same-sex marriage will end religious freedom as we know it in the United States. Indeed, no evidence exists to support Perkins’ claim: same-sex marriage is legal in dozens of states, and not one religious institution has had to shutter its doors as a result of people of the same-sex marriages earning legal recognition.

Moreover, opponents claim that marriage is for procreation and should not be extended to queer couples because they cannot produce children by themselves. This argument has several fallacies. First, if we limit marriage to only those that can procreate, we should not allow elderly couples or infertile couples to marry. Second, no one has the right to determine the meaning of marriage and its purpose. The claim that marriage is meant for procreation is rooted in biblical text. Religious texts do not govern this country. In addition to the First Amendment that guarantees the freedom of religion, one of our founding fathers, President Adams, declared in the peace treaty between the United States and Tripoli, “… the government of the United States of America is not founded on the Christian religion…” There is no national religion for this country. Americans are entitled to their religion, but not entitled to impose their beliefs upon anyone else through the law.

Over the past decade, millions of Americans have seen how the differences between queer and heterosexual people have little moral or rational weight—and that both sets of people should therefore be treated equally in the eyes of the law. Even President Obama, a former opponent of marriage equality, has realized this, saying in his Second Inaugural Address that “…if we are truly created equal, then surely the love we commit to one another must be equal as well.”

Marriage equality gives people freedom at no cost to others, and now is the time for the Supreme Court to bring marriage equality to everyone in the United States.

Contact Johnathan Bowes at jbowes ‘at’ stanford.edu and Matthew Cohen at mcohen18 ‘at’ stanford.edu.

About Matthew Cohen

Matthew Cohen is an opinions fellow for The Stanford Daily. Originally from Orange County, Matthew is interested in politics and plans to declare a major in political science. In his leisure time, he enjoys playing piano, running, and watching Netflix. Contact him at mcohen18 'at' stanford.edu

About Johnathan Bowes

Johnathan Bowes (also known as JoBo) is a senior and premed majoring in Science, Technology, and Society. Originally from Sacramento, he went to high school in Chattanooga, TN. Besides writing for The Daily, he also works for El Aguila, Stanford's only Latin@ interest and culture magazine. He's also an avid fan of black tea, Game of Thrones, and Spanish literature. Follow him on Twitter @JohnathanBowes.
  • Joshua Klotz

    Gay marriage is a misnomer as real marriage is a particular type of relationship based on the way things really are and how we are actually designed psychologically and physiologically. Gay marriage and marriage can never be equal. One is based on a conception of marriage built on picking your number one person… the other is based on that plus the way human beings really are. This article describes in great detail how our design affirms traditional marriage and gender roles. For anyone open minded enough to read it, it appeals to natural law and makes very compelling points.

    http://catholiceducation.org/en/marriage-and-family/sexuality/designed-for-sex.html?n=1

  • James

    This is

    It’s sad to me that on this issue you ignore that there does in fact exist a difference of opinion, even in our generation. Let’s start that we are not discussing here any of the legal rights normally afforded to traditionally married couples being equally applied to LGBT partnerships. Those already exist in most states, and no one who disagrees with the issue of same sex marriage talks about that, for the most part we don’t care. The key issue in my opinion is that the idea of “marriage” and the titles of husband and wife have existed for a long time and for many of us very coupled with our faith, so for us the idea that the government would enforce that such be granted is worrisome. If the supreme court holds that this is a 14th amendment issue it would imply in my mind and that of many that there should be no religious exception as far as sexual orientation are concerned? After all, the rights for a religion are somewhat limited by the constitution and federal law to a greater or lesser degree, as a simple example Churches are required to comply with the ADA and provide access to those with disabilities. In this case, does it mean that a church could be required to host a same sex marriage? Or that if a priest speaks out against it he could be charged with hate speech or a civil rights violation if there is a gay couple in the congregation? Or that Christian Schools teach that marriage includes other unions besides that of a man and a woman. Personally I don’t care if a same sex couple wants to spend their lives together, that’s their choice. Or even if the Government decides that they those unions are beneficial for us a society and thus should be incentivized financially. But I do care a great deal when the government gets involved and tells me that I need to recognize their union as being a marriage which for me has very strong religious connotations.

  • Keith Pullman

    Marriage, legally speaking (and we are talking about the law, not religious doctrines), is a contract between adults that, absent another contract that says otherwise, joins them financially, makes them next of kin and default reciprocal beneficiaries. Under a system of gender equality, there is no good reason to deny that we must keep evolving until an adult, regardless of gender, sexual orientation, monogamy or polyamory, race, or religion is free to share love, sex, residence, and marriage (and any of those without the others) with any and all consenting adults. Polyamory, polygamy, open relationships are not for everyone, but they are for some. The limited same-gender freedom to marry is a great and historic step, but is NOT full marriage equality, because equality “just for some” is not equality. Let’s stand up for EVERY ADULT’S right to marry the person(s) they love. Get on the right side of history!

  • adamestess69

    I read the article, interesting-the world is Under populated, sex is for procreation and I need a man to complete me. Thank you for your opinions, I will respectfully disagree with your ideologies. Thankfully the unwanted pregnancies, porn addictions, “chasing the bug” (which, I have NEVER heard of) are not a concern for me or my wife.
    I respect your personal views, and I’m glad that your way of living works for you, but please be open minded enough to consider the fact that I am happy living my life according to my own personal beliefs, and I try to do so without judging others. I personally do not believe I’m sinning. However, not being true to myself, pretending to be straight, marrying a man, etc. would be living a lie, and lead to people being hurt!
    What is so hard about accepting people the way they are?

  • Joshua Klotz

    Thanks for reading. You are more open-minded than most people. Most write off viewpoints that make them uncomfortable without ever giving them serious and honest thought.

    First I’d like to say that I’m glad that those things are not concerns for you and your wife. Those things, and all sexual deviations, affect many people directly and indirectly(by normalizing and perpetuating a more risky, promiscuous, and prurient sexual culture). I don’t wish that type of harm and disorder on anyone.

    That is the gist of why I care that we live in a society that exalts sexuality as it is revealed by the natural use of the human body and complimentarity of the sexes. Deviating from this hurts people in various, nuanced ways. From porn to promiscuity and everything in between, when you deviate from the way we were created people end up damaged, scarred, hurt, and alterred.

    We could do this with every single deviation of human sexuality but take just porn for example. Besides being directly exploitative(look at the stories of abuse in porn, how it acts a cover for human trafficking, and the degradation of the women and men involved) it trains the body and mind for sexual variety rather than sexual intimacy. This makes sexual depth with your spouse harder to achieve when you are constantly training yourself to only ejaculate to that next high… that next flavor. It also trains one to regard others as objects, as means to an end, rather than people of inherent worth. It is pretty hard to look at the women involved in porn as human beings with inherent worth when they are degrading themselves by allowing strangers to ejaculate in them for money. They are allowing people to use them as objects. To see this, and get sexual excitement from it warps a persons mind and view of other human beings.

    All sexual matters are like this. We are created in a certain way and to deviate from that causes real harm. We can debate whether or not these things should be allowed but lets not pretend that they are just different. These deviations are not just different… they are markedly worse. They should be called that in order to persuade others to not go down a destructive path. We shouldn’t sugar coat the truth. Lying to others and ourselves doesn’t change the impact of these things… it just leaves us just as scarred without the ability to figure out why.

  • adamestess69

    I guess I don’t see what porn, prostitution, and promiscuity has to do with marriage equality?
    Being gay does not make someone a sexual deviant. I’m talking about being happily married to my wife for 4 years, and you are telling me about women losing their souls by allowing strange men to ejaculate in them…?
    Seems way off topic to me.

  • Joshua Klotz

    The overall point was that deviation from the natural use of the body and complementarity of the sexes is harmful(and btw… you brought up porn). The article itself is relevant to gay unions because that is, like the other things listed, a deviation. The article goes into the natural law basis for traditional sexuality.

    Begin gay does make someone a sexual deviant. Look at how the puzzle pieces match(the P and V work together). Also, look up the numerous physiological and psychological differences between men and women besides just their sexual pieces. Using your body in an unnatural way is in fact a deviation by definition.

  • adamestess69

    You brought up porn. Why are you so focused on people’s bodies and body parts? There is more to love than your twisted view of “natural laws”. Grow up, think for yourself instead of regurgitating bad code that has been force- fed into your head by people and institutions that don’t have a clue about God!

  • Joshua Klotz

    I’m focused on it because its the discussion we are having. Currently, we have a bunch of people stating that homosexuality is equal to heterosexuality. It is different in numerous way… not the least of which is that homosexuality is fruitless and destructive in a lot of cases(anal tearing, anal cancer, etc.)

    If you noticed I didn’t appeal to God at all but appealed to basic biology. I encourage you to think for yourself. The way things actually are, are important.

  • adamestess69

    The original article was faith based, so, YES, you did “appeal to god”
    Funny, my degree is in Biology. ..and what do you have to say about homosexuality and bisexuality found in nature? Is that deviant as well?

  • adamestess69

    Things are like this…a “p” (as you call it)- doesn’t appeal to my “v”.
    Never has, never will. You will never change your viewpoints and neither will I.
    Thank you for taking the time to exchange ideas.
    Have a great day!
    Godspeed

  • Joshua Klotz

    Actually it is not faith based. It is a natural law article posted on a Catholic site. Go back to the article and so a search for “god”, “Christ”, etc. There is one reference to the word, “gods” that isn’t referring to God at all. You are obviously imposing this on the article because you are biased against anything that doesn’t go with what you want to believe. You obviously skimmed this for a few points you can bash and didn’t read or think on it at all.

    As far as things being found in nature. You are going back to the old argument, animals do it… so its natural. There is one problem here… animals kill, eat their young, etc. These things occur in nature but are not natural for human beings. This is because human beings, unlike animals, have the ability to reason and discover truth.

    Also, natural in a natural law sense doesn’t even mean occurs in nature. If that is your definition of natural then incest is natural, pedophilia is natural, etc. These are variations but they are not natural.

    What natural means is something along the lines of “acting in accordance with the function of”. So since a ear clearly hears given the numerous biological clues, it is natural to use it for such. It is unnatural to jam small objects into it.

    By the same token, since our bodies are designed in a unitive and complimentary fashion it is natural to use them as such. It is unnatural to jam things in a part such as the anus for example when it is very clearly designed as our waste system.

    Even besides modes of sex, men and women are different in other physiological and psychological ways that make them complimentary. Going against this pairing is unnatural regardless of what you would like to impose on nature.

    I’d encourage you to actually read the article this time and think on some of its concepts. I don’t think you will though because you seem more interested in “winning” than finding truth.

  • adamestess69

    No, we just have totally different ideologies, and philosophical views. We will never see eye to eye; but I think that is a good thing. How boring life would be if we were all the same!
    I do thank you for your eloquently written replies, which did have some valuable food for thought. It seems you put a lot of thought into your responses. I appreciate that. I do like to stay open minded, and believe that we can Usually learn something from those we disagree with.
    Truly, thank you!

  • classof00

    i guess you mean all the supposedly homosexual animals that have been discovered in the last 10-15 yrs. its funny, when i was an undergrad here we were told homosexuality was never really documented in nature. you had a isolated examples in captivity and certain highly bred animals like sheep. i recall the counterexample they used to give was bonobos but at the end of lecture that was just treated as “evidence unclear”. this was in a class that was generally supportive of the normalization of homosexuality, i can’t recall the name, but it had a purple book that said ‘greek homosexuality’ and the class fulfilled like 3 gen ed requirements. around 2000.

    i can distinctly remember advocates not contesting the point–they would instead take a position like, ‘yes but animals kill their young and eat each other, etc etc., so why would we ever take our cues from animals’… exactly the position your interlocutor is now taking to argue the opposite!

    i always knew the social sciences were pretty easily swayed by political currents, but it’s pretty embarrassing that biology is as well. briefly reviewing the wikipedia page, it’s pretty clear that not much new evidence has been uncovered on homosexuality in animals, but a lot of definitions have been reworked and previous evidence has been reinterpreted.

  • adamestess69

    What are these newly discovered homosexual animals. .could you please tell me more?

  • adamestess69
  • adamestess69

    Yes, I looked through some new studies. Definitely interesting. Thanks

  • classof00

    just google gay animals and look at the dates of the citations. or go to the wikipedia page. the lede itself says gay behavior among animals wasnt really observed before the 90s, 1998 being the big year. the article ascribes this lack of observation to ‘social attitudes’ toward homosexuality.

    so what does that tell you? that zoologists were biased then, but now they’re enlightened and free of bias? thats possible, and very convenient for a certain pov. but it definitely tells you they are subject to bias, and to a serious extent. its like the old bob arum line, ‘yes. yesterday i was lying. but right now i’m telling the truth.’