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BRISTOL: Gay marriage should be made
legal Lost in much of the debate over gay marriage is that this is a rights
issue, not a religious issue. No one is asking any religious organization to sanctify marriages of
homosexuals. The advocacy is for the right to a legal union under civil
law, which is now denied to gays and lesbians. It's beside the point
whether our laws stemmed from the religious traditions of the country's
founders. Laws defining marriage as the union of one man and one woman are passe,
just as were the laws against interracial marriage. Society has evolved to the point where gay unions are commonplace and
open. Extending the legal protections of marriage to these couples is only
logical, and only fair. It is discriminatory, in fact, to deny them the
benefits of marriage. And those rights and benefits are many. John Jacobi of Attleboro gave
an indication of the breadth of such protections in a letter to the editor
that appeared in Friday's Sun Chronicle. Jacobi is a lawyer. Responding to another letter writer who contended
that gay couples can obtain all the rights of straight couples without
being married, Jacobi said that simply isn't true. ``Without trying too hard,'' he wrote, `` I can list health insurance,
the right to inheritance from a spouse, alimony and property division,
ERISA (pension) rights, Social Security benefits, retirement benefits,
damages for wrongful death, loss of consortium, and COBRA (health
insurance) rights as flowing from a marriage.'' Defenders of traditional marriage sometimes argue that inequities can
be rectified by changing the laws. The reality is that ``marriage'' is so
intertwined in the statutes and legal conventions that this is not a
realistic alternative, nor an appropriate one. Massachusetts has an opportunity to lead the way to equal rights under
marriage in one stroke. Seven same-sex couples have petitioned the state Supreme Judicial Court
for the right to marry. That's marriage under civil law, not in any church
-- though some religions no doubt will welcome such weddings. A ruling from the SJC is said to be near. To decide in favor of
same-sex marriages, it must reject the argument that the ``main object''
of marriage is having and raising children. That will not be
difficult. About 25 percent of children are born out of wedlock today, something
that is no longer a scandal and something that is generally accepted in
society. Child rearing is also part of gay life, and protected by government.
The state's highest court and the Legislature have already granted rights
to gay couples to bear, adopt and raise children. The recent U.S. Supreme Court ruling striking down sodomy laws is
another step on the road to legalizing same-sex marriage. Two provinces in Canada have now redefined marriage as the union of two
individuals, not of a man and a woman. The Canadian prime minister has
promised to extend these rights nationwide. It really seems to be only a matter of time before the United States
does the same. Same-sex marriage is no threat to anyone else or to the social order.
In fact, the rush of gay couples to Canada to marry and to Vermont for
civil unions is a counterweight to homosexual promiscuity that so concerns
some opponents. Gay couples are already living in committed, stable relationships no
different from those of heterosexual couples -- except that they are
denied the benefits of marriage. Imagine, if you will, your life partner being rushed to the hospital,
and being denied the right to stay with him or her because you're not a ``
spouse.'' That's what happens in some places now, and it's just one of many
examples of discrimination that cannot stand under the Massachusetts
Constitution which guarantees ``equality under the law.'' NED BRISTOL is editor of The Sun Chronicle. Contact him at
nbristol@thesunchronicle.com or 508-236-0344. | |||
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