The Same-Sex Marriage Question

With California’s Prop 8 having been upheld by that state’s Supreme Court, the question of same sex marriage is once again at the forefront of America’s social consciousness.  It has been in and out of the courts and there remains little consensus, though, at present, seven states legally recognize same sex marriages.  For all the posturing, however, it seems that the question is persistently cast in religious or moral terms despite being the subject of litigation. 

            Despite the constant attempts to portray marriage as a religious rite, the reality is that in the United States marriage is no longer a principally religious act with some legal ramifications.  Marriage in a Judeo-Christian dominant society almost certainly finds its roots in religion.  However, as culture evolves so do concepts like marriage and their social implications.  In current American society, marriage has become a legal act with some religious implications.

            There was a time when only clergy were entitled to perform marriage ceremonies.  Now, marriages can be performed by a justice of the peace, a government representative.  There was a time when marriages had no oversight from the government.  Now, marriage requires a license-a government issued, legal document.  Marriage in the US no longer imposes mere moral privileges and restrictions, but grants legal privileges and imposes legal restrictions.  The attempt to portray same sex marriage as anything other than a legal question about the privileges of a citizen is simple obfuscation.

            The hard reality of the matter is that one segment of the population is trying to impose a moral judgment about lifestyle onto another using the court system to do it.  When the arguments against same sex marriage are all boiled down they amount to one simple thing.  We do not approve of your sexual preference.  The ugly truth is that this judgment is being hidden and used to deny, wholesale, otherwise law abiding, productive members of American society a privilege that is not even denied to federal prisoners.

            Of course, the real underlying problem is that marriage in America is not a right.  It is a privilege.  Like other privileges, it is subject to regulations that are defined at the state level, not the federal level.  Individual state governments establish the protocols regarding who can marry and when.  That is why it is legal to marry a first cousin in some states, not legal in other states, and legal with qualifications (non-child bearing couples, age restrictions) in others.  This situation is unlikely the change.  The federal government has been historically leery of legislating about marriage, with a few stunning exceptions such as the Defense of Marriage Act. It would appear that for the time being, same-sex marriage will remain a question decided by state legislature and state courts.