Freedom to Marry
Imagine how you would feel if it was against the law for you to marry the one you love, if you were shut out of hospital rooms for not being what hospital administrations define as family, to be denied for FMLA (Family Medical Leave Act) when your loved one is sick. Many Americans are struggling with these issues today and that needs to be rectified. I propose to abolish the ban on gay marriage in the United States, and more specifically repeal the Defense of Marriage Act, which federally holds marriage to being between one man and one woman.
Of the fifty states in the U.S., only five allow gay marriage and only three of the remaining forty-five states recognize same-sex unions from those states. Gay couples who don't reside in states that allow same-sex marriage face tremendous hardships and prejudice every day. There have been numerous news reports of partners and their adopted children being kept from their loved ones hospital bedsides in their last hours of life. In the real life example of lesbian couple, Karen Thompson and Sharon Kowalski, Karen was kept from Sharon for nearly four years after Ms. Kowalski was left severely injured when a drunk driver struck her car. Sharon lost the ability to walk or speak more than a few words at a time and required constant care. Ms. Thompson sought a court order for guardianship but Ms. Kowalski's parents opposed the petition and obtained sole guardianship. They used that power maliciously by forbidding all contact between the two women and moving Sharon to a facility hundreds of miles away from Karen. It was not until a re-evaluation of Ms. Kowalski's mental competency that Ms. Thompson was finally able to visit her partner again. The prolonged injustice and anguish both women endured is one of the many examples of why this discrimination needs to come to an end (Stoddard).
The gay marriage movement is often compared to the civil rights movement in the 1950s and 1960s. Less than fifty years ago, it was against the law for black people to attend school with white people, and for black and white to marry. In 1967, sixteen states still had laws in place against interracial marriage until the Supreme Court ruled that such laws were unconstitutional (Cruz, Berson, 2001). When I was growing up people would say there is no way in my lifetime would our nation have a black president. I remember thinking, "Why?" In History class, I learned the terrible prejudice the African American race went through and I hoped one day those who said we would never see a black president would be proven wrong. In 2008, Barack Obama was elected President of the United States and history was made. It's amazing how far we as a nation have come; but how can those with the power to change this not see gender inequality is just as bad as racial inequality?
I struggle with those who speak out against gay or same-sex marriage. I wonder how they would feel if they were told they couldn't protect their family and loved ones with an elementary right due to having a certain color of hair. New law: "Blondes shall not be allowed to marry (other blondes)." It seems rather silly when you look at it like that, doesn't it? Doesn't every person deserve the right of freedom of choice? Shouldn't every person be able to have the exact same rights no matter the color of their hair, height, religion, race or sexual orientation?
According to the American Psychological Association, American Psychiatric Association and National Association of Social Workers, "Gay men and lesbians form stable, committed relationships that are equivalent to heterosexual relationships in essential respects. The institution of marriage offers social, psychological, and health benefits that are denied to same-sex couples. By denying same-sex couples the right to marry, the state reinforces and perpetuates the stigma historically associated with homosexuality. Homosexuality remains stigmatized, and this stigma has negative consequences. California's prohibition on marriage for same-sex couples reflects and reinforces this stigma". They concluded: "There is no scientific basis for distinguishing between same-sex couples and heterosexual couples with respect to the legal rights, obligations, benefits, and burdens conferred by civil marriage." (In Re Marriage Cases, 2007)
How can it change? We start with the small things—reducing prejudice against the gay community, educating the masses, using media in a positive fashion to reflect on the plight of so many. We also must be looking at the large picture, though, and that is ultimately to repeal the Defense of Marriage Act that was signed in by former President Bill Clinton. If the government wants to define marriage according to constitutional amendments, I propose a special task force called Freedom to Marry be appointed by the government. The aptly named taskforce will have six months to research and prepare the Marriage Equality Act to repeal the Defense of Marriage Act.
The language disclosed in the Marriage Equality Act will be gender-free and non-discriminatory. The Marriage Equality Act will contain specific language giving gay couples the same rights as heterosexual couples, including but not limited to, health, medical, tax, federal, social security and death benefits. Freedom to Marry will form education workshops in cities around the United States and create a website to which supporters will be directed. The website will disclose the newest and greatest in the initiative, containing clear and concise information on how to create enough support to pass the Marriage Equality Act to repeal the Defense of Marriage Act.
Prior to voting on the repeal it is required for any representative casting a vote to sit in a workshop for a minimum of one hour with no electronic devices and no assistant. The workshops will have five to seven couples in each workshop and it will be an open forum question and answer session. The representative is required to ask each couple a set of five questions and record their answers. The representative must show evidence of attending the workshop with their handwritten report stamped by the Freedom to Marry taskforce prior to voting. If the representative fails to show proof of attendance at a workshop, he/she will not be allowed to vote. If the representative chooses to vote "No" on the repeal after meeting with the workshop, he/she will be required to revisit the gay couple(s) why he chose to deny them the right to marry.
The world is full of inequality, but once the United States abolishes the ban on same-sex marriage, it will be one less inequality that we suffer. My proposal to repeal the ban on gay marriage specifically found in the Defense of Marriage Act is sound and a fix for the oppression the gay community faces when it comes to their rights to marry. Just as Obama was voted into the highest office in the land so shall the ban on same-sex marriage be abolished. It will happen.
Works Cited
Berson, B. C. (2001, Summer). Organization of American Historians. Retrieved April 6, 2010, from The American Melting Pot? Miscegenation Laws in the United States: http://www.oah.org/pubs/magazine/family/cruz-berson.html
In Re Marriage Cases, S147999 (Supreme Court of the State of California 09 26, 2007).
Stoddard, T. B. (n.d.). Gay Marriages: Make Them Legal. Retrieved April 2, 2010, from Miami-Dade College|Kendall, English Department: http://faculty.mc.edu/dmcguirk/ENC2106/stoddard.htm
No comments:
Post a Comment