Tuesday, August 10, 2010

Happiness Should Not Bar Freedom

It seems that for the past decade or two gay rights have been on simmer. It was always in the background just waiting for the limelight to shine; biding its time until conditions were perfect and it could take center stage. Finally such is the time. Not only have many states passed gay marriage laws, but even a recent California law, Proposition 8, that defined marriage as between a man and a woman, was recently overturned. Gay rights activists have been handed the microphone and they are singing for all their worth.

Gay rights seem to be the next step in a long century of civil rights. In fact, it is surprising that it has not been addressed sooner. Those against it would have one believe that marriage is a holy union between a man and a women, that homosexuality is morally wrong and reprehensible. When questioned further as to the why it is morally wrong, they will inevitably cite religion to help. Now this is, of course, fine if one were talking about their personal preference in the matter, but they are not. They are speaking about a law for the entire nation and how our nation defines marriage. The United States was founded on the idea that there should be a separation of “church and state”, that is government and religion. There are precedents in the Supreme Court, such as Lemon V. Kurtzman, that try to keep religion and government separate. So, when opponents of a bill come forward with an ideological argument based on religion, it should be as good as nothing. Religion is not an arguing tool for laws.

The real problem that gay rights face is not the opposition, though, it is the fact that it is left up to States to determine. A majority of Americans support gay rights (fact taken from the Government textbook), and yet the National government does nothing about it. It should be up to the Federal government to finally allow the people the freedom that they should have to marry who they wish to. To this end, that majority of Americans in support of gay rights should begin to petition the government to redress this grievance. They should make their voices heard and force the issue to be fixed. Only when the national government takes a stand in support of gay rights will the people truly be equal.

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