In the following article from the Denver Post Reggie Rivers gives his opinion on the proposed marriage ammendment. It is nice to see someone outside the traditional gay publications voice a little common sense on the subject.
reggie rivers
Marriage amendment too intrusive
By Reggie Rivers, Special to the Denver Post
At some point, our elected officials have to realize that they can't legislate their way out of bad laws by passing more bad laws.
Congress, led in part by Republican Reps. Marilyn Musgrave and Tom Tancredo of Colorado, has proposed an amendment to the U.S. Constitution that would forever deny homosexuals the right to marry - at least until and unless it was overturned by another amendment.
They're pursuing this amendment because courts have begun to strike down discriminatory state laws, and Congress is worried that this push toward basic fairness will sweep across the land and gay people everywhere will be treated as equal citizens.
The so-called Federal Marriage Amendment is more proof of just how poorly our leaders would perform if they were charged with writing the Constitution from scratch. Although our Founding Fathers were far from perfect, at least they were aiming at fairness and defending individual liberty when they crafted the Bill of Rights. The sponsors of this amendment are taking the exact opposite course.
As recent court rulings in Hawaii, Vermont and Toronto, Canada, have revealed, times are changing, and there's not much logic to support an official government position that marriage must be solely a union between a man and a woman. A Canadian appeals court ruled this week that the definition should be a union between two people.
In my view, the U.S. court rulings are merely invalidating laws that unconstitutionally restrict the rights of homosexuals, but opponents of gay marriage call this "judicial activism." They don't believe it's appropriate for judges to issue rulings that go against the will of the masses, so they're seeking to change the Constitution to take power away from the courts.
We should remember that the reason we have a Constitution is to protect us from the tyranny of the majority. Yes, we have a strong democratic tradition, and our legislatures and Congress generally pass laws that conform to the will of the masses - but when those laws run afoul of the Constitution, they rightly are struck down.
Our response should not be to change the Constitution.
Supporters of the Federal Marriage Amendment argue that marriage has long been one of the building blocks of society, and it's the preferred structure for raising children. They say that allowing gays to marry will destroy the sanctity of the institution by minimizing the importance of child-bearing.
The fallacy of this argument is that they're trying to take a social norm (yes, most people who marry do intend to have children) and turn it into the law of the land (people who marry must be able to bear children).
But what about other social conventions? Home ownership is an important societal building block. It fuels the economy, creates wealth and fosters stability. Most people who get married intend to eventually purchase homes, but does that mean we should make a mortgage the entry-level requirement for marriage?
The Federal Marriage Amendment purports to protect children but, ironically, kids are one of the most compelling reasons for permitting gay marriage. Many homosexuals have children from previous relationships, artificial insemination or adoption. And their kids would be better off with two legal guardians, breadwinners and caretakers.
The plain truth is that the state shouldn't have authority to determine who can marry and who can't. If we start legislating based on the general population's view of what's appropriate, we might see laws passed to forbid marriages between 50-year-olds and 20-year-olds, Jews and Gentiles, blacks and whites, U.S. citizens and non-citizens or convicts and free people.
Homosexuals are winning court battles over gay marriage because their arguments are logical and compelling. In a free society, each of us should be able to choose our mates without having big government intrude to approve or disapprove of our choices.
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Former Denver Bronco Reggie Rivers (rivers@columnist.com) ) is the host of "Drawing the Line" Wednesdays at 8 p.m. on KBDI Channel 12. He writes Fridays on the op-ed page.