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May 6, 2009

The Gay Marriage Debate – the Principle of Rights

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Okay, so I am going to go out on another limb with something controversial here, but I just feel that it is time to chime in as it is becoming an ethical issue. For years now I have been hearing, and understanding, how everyone has a right to their “opinion.” This is true, and freedom of speech and expression are two of the factors that make this country great. Now, let’s go a little deeper into the idea of “opinion.”

Once “opinion” crosses over into “action” it is no longer a “point of view.” I always see both sides to an argument and value people’s differing opinions, and this subject has been no different until now. With states like Maine legalizing gay marriage day by day and public figures such as Miss California joining organizations to prevent the legalization of gay marriage the debate is heating up, but it is now more than a debate. I understand that there are many people in this country that oppose gay marriage primarily on the foundation of religious reasons, and that is to be respected to a degree, but we also have laws in this country that protect a person’s civil liberties. In this case we are left arguing based on the Principle of Rights, i.e. one person’s rights versus another’s. Allowing a gay couple to marry is not infringing on the rights of those with strong religious beliefs, however, the campaign to prevent them from marrying does infringe on another group’s rights.

Our civil judicial system operates under this very principle of rights and so it is doing in this case. The courts are deciding whether or not gay couples should be allowed to marry. The courts are where cases of rights are adjudicated not by public vote. If this were not the case then there would be many things in this country that would never have changed. It is not, in any situation, appropriate or ethical for the majority to dictate to a minority on basic human rights.

It wasn’t that far back in recent history that African Americans and Caucasians were not allowed to marry. The “majority” felt it should be prevented based on religious moral convictions. Sound familiar? We look back on this today as ridiculous, but the fight for this right was long and arduous. The majority’s moral, religious conviction against the allowing of multiracial marriage was deemed unethical and a violation of rights of another.

Our system is designed to protect the rights of the minority against the whims of the majority. It is our ethical duty as Americans to address this. Not to pick on this one person, but if Miss California had stood on the Miss USA stage and ranted about taking away the rights of multicultural partners to marry we would be outraged. We would be quick to call her and others like her racists and un American. Why then is it “okay” to do the same to another group of tax paying Americans?

  1. Morissa…hip, hip, hooray! I support all of what you’ve said. The line between personal belief and written law is not fine or fuzzy. We cannot legislate thought. We can’t legislate speech (apart from the “yelling fire in a crowded” theater analogy). But we can and do and must legislate on behavior.

    Having blogged on Truthdig.com for some time now, I’ve been hit with so many absurd reasons why the legalization of gay marriage is dangerous. One of the most absurd is the “slippery slope” analogy.

    “Gay Marriage will lead to polygamy, or sister marrying sister, or father marrying nephew. The next thing ya know, we’ll see people marrying pets and farm animals. Gay marriage will destroy the institution of marriage, crumble our family units and tear apart the fabric of our civilization. Once the door to Gay Marriage is open it’s history for mankind. It’s a slippery slope to hell.”

    Poppycock. There’s no slippery slope. We’re a nation of laws. WE THE PEOPLE decide what, if anything, comes next. Consider:

    1. Did the dropping of the voting age to 18 automatically put us on the road to granting the vote to 16-year-olds? 12-year-olds?
    2. Women were finally granted the right to vote in federal elections in 1920. Did that later open the gates for animal lovers to press for a “Guinea Pig Suffrage Movement”?
    3. Has the raising of drinking ages to 21 inevitably pushed us to raise them to 25 or 30?

    The only true “slippery slope” is what I hope is the inevitable flow from ignorance to enlightenment.

    Comment by Bruce Scottow — May 6, 2009 @ 4:03 pm

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