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Religious-based restriction of gay marriage has no constitutional base

Staff writer

Published: Tuesday, September 6, 2011

Updated: Tuesday, September 6, 2011 22:09

Religion is intruding on the rights of Americans.

A majority of Americans practice and believe in some sort of a Judeo-Christian religion. It's our natural inclination to vote for someone who is similar to us and to have our nation's leader share our morals and values. The Constitution protects our right to bend our knees everyday and pray to any God that we choose. That same Constitution also protects civil liberties and prevents a religion from infringing on these rights.

The best example of this infringement is the issue of gay marriage. Millions of Americans are missing out on their rights because of lawmakers' religious persuasions guiding laws for a secular country.

Let the churches decide whom to perform marriage services for, but don't let those decisions affect the 1,338 federal rights and protections couples get under the civil concept of marriage, rights that are not obtained through civil union.

These rights include: social security, disability, retirement, medical leave, worker's compensation, tax exemptions, and the right to visit loved ones in the hospital or make decisions in fatal medical situations.

This issue shouldn't be about America's fear of social change or issues of faith and religious doctrine. This issue is about alienating Americans by passing laws that go against everything this country stands for.

With the election year imminent, Republican presidential nominee Michele Bachmann has made her view on gay marriage clear. She likened the issue of gay marriage to Pearl Harbor soldier Orville Ethier unsuccessfully warning U.S. military control of an imminent Japanese attack: "Today we face perhaps the greatest attack on the family in our lifetime. Now is OUR time to stand up and send a message to avert an equally impending disaster."

This statement uses words like ‘attack' and ‘disaster' and, taken out of context, one may believe this quote was about foreign policy.

In reality, she's speaking of someone's right to love and marry and visit that loved one in the hospital. Bachmann can pray to whomever she wants, she can go to whatever church she wants and she can try and "pray the gay away" all she wants.

She has the right to do those things. She doesn't have the right to let her religious convictions impede on the fundamental rights of those whom she does not like.

Dr. Peter Bergerson of the Division of Public Affairs here at FGCU comments on the issue of legislation passed that restricts gay marriage.

"It doesn't reflect the values that generally the U.S. has stood for."

Dr. Bergerson also suggests that these hot topics are usually just political devices for campaigns. "For the most part it's used to rally a political party's base, it becomes campaign policy and it attracts people to their cause. Social norms are changing, and change is difficult for some groups and they feel threatened."

But using government as a catalyst to fight against the changing nature of social norms and cultural evolution is wrong, especially when it involves leaving a whole group of citizens without rights that are promised by our government.

Times are changing and fighting it only leads to a more divided and hostile America. Let's give everyone the same rights we all want to enjoy ourselves. Who was it who said, "Whatever you wish that others would do to you, do also to them"?

 

 

Collin is a senior majoring in English. He enjoys writing on topics such as nutrition, society and the environment. Collin also enjoys writing long fiction.

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4 comments

J. Ack
Tue Sep 13 2011 14:04
It is unfortunate that the traditional fear of sexuality that this country has promoted for years is now infringing on civil rights. In my opinion the lack of rights for the LGBT community can be directly linked to a simple minded and ignorant fear of the unknown. The ridiculous notion that "gayness" is chosen and taught fuels the concept that LGBT community members are lesser human beings and thus do not deserve the same rights heterosexuals do. This is a sad reality in our country and while Michelle Bachmann prays the gay away I will pray she removes her head from her ass, and that her supports follow that lead.
Anonymous
Tue Sep 13 2011 13:55
At one point in time it was against the law for interracial couples to be married, because this was passed through democracy, did that make it right? States can pass referendums, that doesn't mean they are constitutional. It's much easier for churches to decline the ceremonious aspects of marriage than to justify a secular nation from denying legal rights to all of it's citizens. The writer isn't only accepting his view as credible, more as, the easiest way to let all sides keep peace. Churches and religious institutions don't need to keep their rules and morals inline with the government, and vice versa. People have a right to their values, but that right ends at dictating and forcing it on millions of other Americans. Gay marriage wouldn't pose any threat whatsoever to religious groups, they could still function and carry on like they always have. What are the people so scared of?
Anonymous
Tue Sep 13 2011 09:13
Unfortunately, you fail to take into consideration the will of the people, something I would suggest is rather important in a democracy... wouldn't you say? The overwhelming majority of Americans are opposed to homosexual marriage. In fact, whenever there has been a referendum on defining traditional marriage, the people have voted for it. And likewise, whenever there has been a referendum that would permit homosexual marriage, the people have answered with a resounding "No." You are not merely trying to discredit one's belief over a specific policy issue, instead you are attacking one's values (that, yes, are influenced by one's religion), while in the same way only accepting your view as credible.
Anon81
Mon Sep 12 2011 23:54
Certainly I agree with the author's position,
But what would (or does) a person like Bachmann say in response to these arguments?
That she disagrees with the author as to what constitutes values fundamental to the nation.
More generally that the various ideas that underpin the nation come into conflict all the time,
for instance: free speech does have limits (incitement to immediate violence is not protected,
or the right to bear arms which one may indeed loose upon felony conviction (SCOTUS upheld that limitation).

As to the "right" to visit loved ones in the hospital: the legal right is not so broadly enshrined, else the author wouldn't have to bring it up. Meaning that you've got a right to such visits, but it is a right limited by a handful of legally recognized relationship, and not one defined simply by your professed affection.

On the whole though I've got to say this was one of the better put together pieces that I've read in any student paper, and my natural inclination is not to give out such praise but to find fault.
Nicely Done, Mr. Llewellyn!





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