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Women's Rights
What's New? - Archive
WomenMatter will continuously post updates on all this and other issues as we monitor the continuing philosophical and practical debates nationwide.
Please check back often for updates. Past updates are available for reference on the Women's Rights Archives page.
Since Women's Rights is in many ways an umbrella issue, WomenMatter will highlight related updates from other Life Issue areas here:
Marriage Meanings: Defining Love for 2003
On July 30, 2003, President Bush briefly commented on the possibility of legal gay marriage. He made clear but somewhat contradictory statements: First, that individuals need to be respected and welcomed, and second, that marriage needs to be further codified as a relationship between a woman and a man.
Gay, lesbian, bisexual and transgender (GLBT) rights groups have made it clear that they feel disrespected and unwelcome because of Bush’s second point. GLBT activists have stated for many years that marriage should not be the privilege of heterosexual couples only. They feel that restricting marriage to straight couples codifies or normalizes discrimination, rather than promotes the sanctity of marriage, as Bush claims. Bush and others who are opposed to gay marriage assert that when women are allowed to marry women, and men to marry men, family as we now know it will be forever altered.
Meanings of family
And they may be right. People on both sides of the issue recognize that when the state issues a marriage license to a same-sex couple, it is validating that relationship. Many gays and lesbians want their life partnerships validated in this way, while those who oppose them believe that state endorsement encourages their “immoral" behavior. Although there is no proof that legalizing lesbian and gay marriage would promote homosexuality, it is likely that lesbian and gay partnerships would become more visible. In addition, lesbian and gay couples would have an easier time with adoption and artificial insemination, making families with two mommies or two daddies more common and thus more “normal."
So, the definition of "family" would gradually broaden to include more diverse familial arrangements, and this is just what opponents of lesbian and gay marriage are fighting. Why? Most opponents believe that lesbian and gay relationships are sinful, as President Bush suggested in his rose garden press conference.
Inspired to action
Senate majority leader Bill Frist wants to amend our constitution in order to reinscribe the meaning of marriage as a heterosexual institution. However, the Defense of Marriage Act, signed by President Clinton in 1996, already does this. This law clearly establishes marriage as a legal union between man and woman only. The amendment would restate this definition, changing the constitution permanently. For the constitution to be amended, two-thirds of both houses of Congress must vote in favor of the amendment, or, two-thirds of state legislatures must petition for the amendment. If this were to happen, the only way to legalize gay marriage would be with another constitutional amendment, which would repeal the first, as happened with prohibition.
Gay Republicans
A group of gay Republicans called Log Cabin Republicans has urged the Bush administration to oppose the amendment. They feel that the amendment merely duplicates legislation that already exists and request that lawmakers focus their energy on national security and the economy instead.
Other lesbian and gay groups feel that an amendment would put them on the defensive. All of their energy and resources would go towards fighting the amendment instead of fighting for GLBT rights, and winning would mean maintaining their current situation instead of improving it.
Not all lesbians and gays want marriage
Not all lesbians and gays are in favor of the legalization of lesbian and gay marriages. Some feel that marriage is a symbol of heterosexuality and don’t want to assimilate their relationships to hetero norms. They feel that real change will result when the convention of marriage is rejected, because traditionally, marriage has been a site for the subjugation of women; in addition, it reinforces the notion of heterosexuality as compulsory.
Historically, marriage licenses, which give two people shared property rights, are issued by the state government. Under Article 4, Section 1 of the Constitution, every state must give “full faith and credit" to the actions taken by every other state. So, if one state allows licenses to same sex couples, all others should honor them. The Constitution, however, allows Congress to pass laws that apply to all states. An amendment to the Constitution would make the standard even more specific. Increasingly the argument is raised whether there should be laws standardizing relationships at all.
Campaign for marriage
The issue of gay marriage may very well be a part of the 2004 presidential race. Candidates running for Senate, the House of Representatives, and even state legislatures may make this issue a part of their political platforms. Open public discussion of the meanings of marriage and family may result. What do you think marriage means? What about family? For more on lesbian and gay rights, [click here]. To discuss this topic with other WomenMatter readers, [click here]. To contact your representatives and let them know what you think, [click here].
Article Posted on: 8/5/2003
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