Sunday, February 29, 2004

3 POVs on Gay Marriage

Op-Ed Contributor: A New Topic for an Old Argument: "Abraham Lincoln once observed that America was founded on a proposition, and that Thomas Jefferson wrote it. He was referring, of course, to the section of the Declaration of Independence that begins, 'We hold these truths to be self-evident . . . ' The reality, though, is that we are founded on a debate over what Jefferson's proposition means. And the current struggle over gay marriage is but the most recent chapter in that longstanding American argument.

The words that started the current controversy were written by John Adams. In 1779, Adams almost single-handedly drafted the Massachusetts Constitution. It was passages from that document that the state's supreme court cited to support its decision to overturn all legal restrictions on same-sex marriage. 'All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties,' Adams wrote. 'In fine, that of seeking and obtaining their safety and happiness.'...

In 1848, for example, the women at Seneca Falls cited Jefferson's magic words to demand political equality for all female citizens. In 1863 Lincoln referred to the same words at Gettysburg to justify the Civil War as a crusade, not just to preserve the Union, but also to end slavery. In 1963 Martin Luther King harked back to the promissory note written by Jefferson to claim civil rights for blacks. Now the meaning of the mandate has expanded again, this time to include gay and lesbian couples wishing to marry. With all the advantages of hindsight, it now seems wholly predictable that America's long argument would reach this new stage of inclusiveness.

....
Most important, the way they framed the question gave great advantage to the side in favor of expanding the scope of individual rights. Notice, for example, that recognizing gay marriage will not require a constitutional amendment, but blocking it will. And the founders made passage of a constitutional amendment very difficult indeed. Our debate over gay rights has just begun, so it would be foolish to predict all the legal and political contortions that lie ahead. If history is a guide, however, everyone who has bet against the expansive legacy has eventually lost.

0 Comments:

Post a Comment

<< Home