While this news isn’t new (a couple of days old by now), I am so heartened by President Obama’s stand on the Defense of Marriage Act. In a statement, Attorney General Eric Holder “has concluded that the administration cannot defend the federal law that defines marriage as only between a man and a woman.” But besides my happiness at the decision, I think I am even more impressed with the reasoning behind it. Obama noted that the congressional debate during passage of DOMA “contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the (Constitution’s) Equal Protection Clause is designed to guard against.” I am so in to that reasoning, I think I’ll post it again:
[Congressional debate during passage of DOMA] contains numerous expressions reflecting moral disapproval of gays and lesbians and their intimate and family relationships – precisely the kind of stereotype-based thinking and animus the (Constitution’s) Equal Protection Clause is designed to guard against.
While this decision will of course raise the ire once again against Obama, to me this represents the beauty of our system of government. We cannot base a system of laws strictly on moral grounds. While it’s an important place to consider, we cannot place the religious/moral values of the many on a level that infringes the rights of a minority. Before you take me to task on that statement, that is not a blanket statement for every situation. When it comes to marriage between consenting adults then it absolutely rings true.
We make a big issue out of the “sanctity of marriage,” and “traditional family values.” The problem is that the people who spout these phrases either don’t consider the consequences to other people, or don’t care. Consider the rights you have as a married couple…spousal rights, property rights, hospital rights, end of life decisions, beneficiary rights, etc…These are established in law. And the fact is, when we deny marriage to other consenting adults, we deny them these protections as well.
If there were actual reasoning behind this country’s refusal to recognize gay marriage, I’d be open to listening. The problem is that the only reasoning anyone ever talks about is moral…which let’s face it, is code for religious beliefs.
So yes, I am very proud of our President for making a tough stand, and even more so for having reasoning behind it.
Note: Quotes retrieved from article Obama: DOMA Unconstitutional, DOJ Should Stop Defending in Court