The Dallas Morning News, a publication that hardly met a Republican they couldn't endorse had a thoughtful (as in very well thought out) editorial on this issue today. Nail, head.
Gay Marriage: Tough call, but amendment not necessary 12:09 AM CST on Tuesday, March 2, 2004
As the national debate intensifies over gay marriage – spurred most recently by San Francisco Mayor Gavin Newsom's in-your-face challenge of California law and President Bush's declared support for a constitutional amendment banning gay marriage – we find ourselves struggling to balance two principles we hold dear.
First, we are innately reluctant to recommend amending the Constitution. There is a reason our Constitution has stood strong for more than two centuries. It was crafted as an expansive rather than restrictive document, one that 215 years later has been amended only 27 times. It's not an accident that from this minimalist foundation sprang a rapidly growing and ever-changing country that quickly became the world's most prosperous nation.
Similarly, we have an instinctive preference for matters of controversy to be resolved in an electoral setting rather than by judicial fiat. Abraham Lincoln's description of a "government of the people, by the people, for the people" is as powerful today as it was nearly 150 years ago.
So how to balance these competing principles in the midst of a swirling debate over gay marriage? If you've witnessed our own internal machinations over this matter via the editorial board's online blog (go to DallasNews.com/s/dws/blogs/opinion/), you know that we're as flummoxed by the competing arguments and values at stake as much of America seems to be.
In some ways, the editorial board is uneasy about the concept of gay marriage. We prefer, as we've explained in earlier editorials, that the rights gays legitimately seek be achieved via civil unions. This would preserve the term "marriage" for the more traditional union of a man and a woman. (Indeed, a key point lost in the latest surge of controversy is the implicit acceptance of civil unions – a matter of considerable division as recently as last year. Now, nearly all the major parties at the debate table recognize civil unions, the only holdouts being a small group of conservatives led by the Rev. Jerry Falwell and virtues author William Bennett.)
We view the term "marriage" as inherently religious, and we recognize that the prospect of government-sanctioned gay marriage feels intrusive to many Americans. Despite our reticence about the term, however, we don't believe that gay marriage threatens the core of our culture or our system of government. As we've explained in our previous support for civil unions, we don't believe the uniting of two people of the same gender will destroy our country or undermine what makes it great. So in the final analysis, we don't believe that gay marriage is something the government must stop at all costs.
It is this sensibility that leads us to oppose a constitutional amendment banning gay marriage. We don't come to this conclusion easily. We are indeed empathetic with those who feel violated by judicial heavy-handedness and seek a greater electoral role in the controversy.
With that empathy in mind, we were tempted to embrace one version of the proposed amendment. This version bans gay marriage but is essentially agnostic on civil unions. It gives state legislatures the right to create civil unions and explicitly grants protection to states that don't want to recognize other states' same-sex unions. At first blush, the let-each-state-do-its-own-thing approach – similar to what Vice President Dick Cheney has called for in the past – makes it seem an appealing option.
But the problem with this approach is that Americans today live their lives in ways that make state boundaries largely meaningless. What happens if a couple married in one state, for example, has a car accident in another state where their relationship isn't recognized? What legal and medical authority does one partner have over the other in a life-and-death situation? (David Frum at NationalReview.com cites a number of other examples where a state-by-state approach to same-sex marriage logistically wouldn't work. Indeed, Mr. Frum, who favors a more nationalist amendment, predicts the state approach "would evolve into a demand to allow the most liberal states to impose their social values on others." If he's right, and we suspect he is, what's the advantage of achieving that end via a constitutional amendment instead of by simply opposing the amendment?)
When you strip away all the what-if and how-to technicalities, this controversy centers on whether one believes that the prospect of two people of the same gender entering into marriage – as personally discomforting as many Americans view it to be – threatens the soul of our culture or the governing system of our country. Our collective sense is that it does not, and therefore, with respect to those who disagree, we recommend against pursuit of a federal marriage amendment.
[Link format modified for page alignment. - Outsports moderator] [ March 02, 2004, 05:58 PM: Message edited by: m1 ]