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Marriage Equality?

by: Maggie Gundersen

Thu Feb 05, 2009 at 13:51:30 PM EST


What is marriage equality?  

Before I became a Justice of the Peace, I thought civil unions were the cutting edge answer that gay and lesbian couples desired.  

I have been active in my church, and my husband and I just celebrated our 30th wedding anniversary in January.  We also spent we spent five years as a presenting team for Christian Marriage Encounter*, so I believe that I have a clear understanding of the depth of commitment required in a marriage.  

I originally ran for Justice of the Peace because I wanted to be able to perform civil unions as well as weddings, and I was just reelected as a JP.  I am proud that Vermont took that bold cutting edge step of creating civil unions for same sex couples in spite of all the negative rhetoric during the legislative process.  

Each one of the almost 40 weddings and civil unions I have performed during the past two years has been an eye opening and touching event.

I was only halfway through my first season of performing civil unions when I began to feel that something was sadly wrong with our system.  The couples for whom I performed civil unions were as deeply committed and as deeply in love as the heterosexual couples for whom I performed weddings.  While civil unions were a giant step forward for Vermont and the country, civil unions are entirely separate and certainly not equal to marriage.

I am not here to argue what traditional definition of marriage has or has not been.  During different times in history a marriage has traditionally been between a man and a woman, while in the polygamous societies that exist in some of our allies cultures and right here in the US in some Mormon sects, marriage is between one man and several or many women.  

I am here to talk about marriage as a union between two adults.  

A few months back, while I was out walking my dog, Steve stopped me, and said he wanted to chat.  He said that he had noticed I was a JP and had a question for me.

"What do you think of civil unions and the possibility of gay marriage," Steve asked.

I took a deep breath.  While we have been casual friends for almost four years, I know he is very active in the Roman Catholic Church and recently lost his wife following a long illness.  

Nervously, I said I have come to believe marriage equality is the direction in which we must move.  The couples for whom I am performing civil unions are as deeply in love and committed to each other as the couples for whom I perform weddings. I believe, however, the issue is quite simple, "separate but equal" is never equal.  

Steve smiled.  "Thank you," he said.  "My daughter is a lesbian.  I love her.  I want her to have the same rights as every person."  

Right now in Vermont, those same rights do not exist.  Civil unions do not afford couples the same legal and financial protections that a marriage does.  It is discrimination.  Growing up in the 1950's and 1960's I met many couples who raised their children without the emotional support of their families or communities simply because the couple was mixed ethnically, religiously, or racially.  Those times must be over.  I have friends here in Vermont who were not accepted as grandchildren by the one half of their family only because one of their parents was French Canadian, so they were considered "foreign".  

It is quite simple.  Stop the discrimination and move away from fear and hatred.  This is not a moral issue.

As someone who has been married for 30-years, I find it encouraging and refreshing to know that once again others value the commitment of marriage.  That commitment should be available for every adult, whether they are of different religions, ethnicity, races, or sexual orientation.

I urge you to come to the Statehouse tomorrow for Freedom to Marry visibility day.  Meet many committed couples and many other Vermonters who support them.  Please join with us to let our governor and legislators know you support equality in marriage.  

If you can't make it to the Statehouse tomorrow (Friday, February 6, 2009), please call, email, and write to the governor and your legislators.  Visit Vermont's Freedom to Marry site for more information: http://eqfed.org/vfmtf/events/...

Senate President Pro Tem Peter Shumlin agreed that it is not a question of yes or no in a July 2007 interview with Burlington Free Press reporter Terri Hallenbeck.  

"Shumlin said same-sex marriage legislation is inevitable. "It's not a question of yes or no. It's a question of when," he said."

That quote was almost two years ago.  The time is now.  

Maggie Gundersen :: Marriage Equality?
In case you missed it, and for other reasons why you should support Marriage Equality read Caoimhin Laochdha's earlier post: Marriage Equality -- Friday at the State House
 http://greenmountaindaily.com/...

In past generations, religion, ethnicity, or race were real barriers to marriage while today it is sexual orientation.  

When I was in college in early the 1970's, one of my roommates got married.  She was Protestant and her husband to be was Roman Catholic.  His family was horrified that she was not Catholic, but they were so committed as a couple that she took classes and converted to the Roman Catholic faith.  She was a straight "A" honor student, working to put herself through college with an assortment of scholarships, grants, and aid packages, and doing community service work in her free time?  Oh, by the way, the couple grew up in the same hometown and had similar ethnic and cultural backgrounds, which certainly should have been cause for an easy transition.

Finally, the wedding day arrived.  My roommate was a beautiful bride, the service was lovely, and was equally a celebration of my roommate's conversion to Catholicism.  I imagined that the groom's parents were overjoyed.  As the bridal party walked to the front of the church, the groom's parents and his younger siblings walked up to the altar.  I thought it was touching that the whole family laid flowers at the statute of the Blessed Virgin Mary, until the family rose and exited out the back of the church.  In a heartbreaking slap against this couple's marriage, the groom's family did not attend the reception.

Whether the issue is religion, race, ethnicity, or sexual orientation, marriage should not be used as a tool to withhold acceptance into community and equality in society.

Lately, I have heard some people say that in this time of economic crisis we cannot afford to waste our time on anything but Vermont's budget.  I disagree.  In this time of economic stress and chaos, it is more important than ever to put family first by emphasizing marriage and family unity no matter what the religion, race, ethnicity or sexual orientation of the couple wanting to commit their lives to each other.

The first time I ran for JP, I was aware that some JP's were simply "unavailable" for civil unions.  While the law specifies that one may not discriminate, it was easy for some JP's to say I am on vacation, I'm working, I have guests coming from out of town, my child has a sports competition that day, or I am already booked for a wedding or another civil union, so please find someone else.  The only problem being that oftentimes there are simply not enough available JP's, especially during Vermont's high season for weddings.  So I ran for JP, was elected, and available to perform both civil unions and weddings.

*Marriage Encounter (M.E.) is a religiously-based weekend program designed to help married couples improve their marriage, grow closer to each other, and improve commitment to each other.        

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Raise Your Voice!

Marriage Equality? | 20 comments
Curious (0.00 / 0)
I thought I was reading a morality-based argument, but then you said:

This is not a moral issue

Can you elaborate?

Nullius perfectus est


Morality is about behavior... (4.00 / 1)

According to the Compact Oxford English Dictionar
morality
 • noun (pl. moralities) 1 principles concerning the distinction between right and wrong or good and bad behaviour. 2 moral behaviour. 3 the extent to which an action is right or wrong. 4 a system of values and moral principles.

This is not a moral issue in terms of how people behave in desiring to live together, have children, be married, be joined in civil union.  Many of Churches condemn same sex couples and say that they are behaving badly or that they have bad morals.  These same so-called Christians believe that this behavior may be changed if the couples would just do so or if they would give their sins up to God via prayer.  So from that vantage point, I do not see this as a moral issue.

I see it as a civil rights issue and as a legal issue.  At different points in our history inter-ethnic, religious, and racial marriages were forbidden.  People were ostracized and families were destroyed by prejudice.  I believe that people hid their own control issues and power struggles behind the guise of difference, as with my roommate and her conversion to Catholicism in order to satisfy her in-law's issues and concerns.  

I see the issue of same sex marriage as one of prejudice.  During this election, I heard people say that a black man should not be president.  When Barney Frank was running for Congress, I heard people say that a gay man should not serve in Congress.  We all our Americans.  We should have equal rights.  I have spent a lifetime working for those equalities.  My seven years of teaching to LD students was to give them the same equal access to education by becoming a more versatile teacher.  I taught to their learning style rather than demand that they fail because they could not learn from the average teaching style.  Our highest time of literacy in the US was in the one-room school house, but that is material for another post.  

I am proud of Vermont's early stand on civil unions.  Vermont pushed the envelope, and now we need to take the next step.  Civil unions are not equal.  Couples pay different taxes, they don't have equal rights in other states, they sometimes are not covered by a partner's insurance if the parent corporation is from out of state.  These couples are constantly put in the position of publicizing their private lives in order to achieve less than equal treatment in their communities, schools, courts, etc.

I was only a JP for several months when I realized civil unions were the first step in moving to equality.  Speaking of federal taxes and census, that equality will have to come at a federal level, and the more states that take it on statewide then the easier those changes will be.  

How outrageous is it that the census does not even count same sex families as families?

Legal terms, legal definitions, and legal rights... marriage equality.


[ Parent ]
It's simpler than everyone's making it. (4.00 / 5)
This issue is not about morality.  It's about justice.

Musician, Web Designer, Photographer

[ Parent ]
To clarify (4.00 / 3)
If we make this argument about morality, we're dealing in a realm that's too subjective to be meaningful.  If it's about justice, there is no question.

Musician, Web Designer, Photographer

[ Parent ]
Bingo, Julie. (4.00 / 3)
If marriage is a contract (and it is, or why get married?), we have denied that contract for way too long to way too many. That contract affords and establishes rights and responsibilities between two people and the nation. Being unable to enter into that contract denies those rights and responsibilities to only some individuals, and so is discriminatory.

[ Parent ]
No (0.00 / 0)
If marriage is a contract, then doesn't the state have the authority to define the parameters of that contract?  The state legally defined the parameters of civil union contracts by stating "The couple must be of the same gender", why would it be illegal to define the marriage contract as "the couple cannot be of the same gender"?  The crux of the matter is how the state limits participation in a particular legally binding contract, not a civil right.  

[ Parent ]
If marriage were merely a contract... (4.00 / 1)
...we'd be in a different realm.  Hundreds of rights and responsibilities are conferred via marriage.  There is no private contractual equivalency for this.

That said, the answer to your question is more simple than you realize.  You can not, from a civil rights standpoint, decide that it is fine to allow these rights to non-same-sex couples while excluding them from same-sex couples.

Musician, Web Designer, Photographer


[ Parent ]
Disagree (0.00 / 0)
"You can not, from a civil rights standpoint, decide that it is fine to allow these rights to non-same-sex couples while excluding them from same-sex couples."  Sure you can, the civil union legislation itself does the equivalent by denying heterosexual couples the option of entering into a civil union.  You're confusing "rights" with "fairness".  If this were a matter of civil rights it would most appropriately be settled in court, instead it seems "unfair" that homosexual couples can't enter into a contractual arrangement called marriage so some groups attempt to legislate what they perceive as fairness.  

[ Parent ]
civil rights, equal rights, justice (4.00 / 1)
Patrick, you said:
The crux of the matter is how the state limits participation in a particular legally binding contract, not a civil right.  

It is a civil right.  

As Julie said wrote to you:

You can not, from a civil rights standpoint, decide that it is fine to allow these rights to non-same-sex couples while excluding them from same-sex couples.

That is why I wrote this post, and it is why I am going to the statehouse today.  It is time for Vermont to step forward again and treat all of its citizens equally.  It is an equal rights therefore a civil rights issue.  Right now, same sex couples are clearly being discriminated against.

End the discrimination and give the same legal rights to all Vermonters.  That is justice, and the reason so many Vermonters are insisting that it be codified by the state in statute.


[ Parent ]
No (0.00 / 0)
No, no more than they have authority to determine any agreement between adults. What they do have is the authority to guarantee equal standing in contracts.

[ Parent ]
artificial distinction (0.00 / 0)
Can't separate justice from morality, and we're all in trouble if somebody tries.

But it's simpler than even you suggest. It's not only about morality, its about the most fundamental tenet of morality: The golden rule. Do unto others as you would have them do unto you. That's really as far as this "debate" should ever go, IMO.

Nullius perfectus est


[ Parent ]
Actually, I disagree completely (4.00 / 3)
"Morality" is about individual beliefs, codes of personal conduct, etc.  Justice is about common social views of what is and is not an appropriate means by which to treat the citizens.  Justice does not always take individual views of morality into account and it should not respect one specific point of view on morality over another.


Musician, Web Designer, Photographer

[ Parent ]
morality is only about the individual... (4.00 / 1)
... if you're specifically taking about "individual morality." Morality = ethics. It exists collectively as well as individually. Ans justice very much has an individual component, as I'm always wrestling with my kids about it.

Our view of justice is a fundamental component of our morality, both individually and collectively. Just as altruism (which also exists individually and collectively) is, as well as our outlook on trust and love - both of which, again, have collective and individual components.

I think we've alowed the far right to poison our view of what morality is. We see it as their "turf" and we're trying to reframe the debate to move above or beyond it. Virtually every point of disagreement we have with the radical right is based on morality, and nothing fuels energy and focus like morality. If we leave that "energy" to them, we are unilaterally disarming - not to mention confusing the issue, which also doesn't help. All of this IMHO, natch.

Nullius perfectus est


[ Parent ]
civil marriage (4.00 / 2)
This issue concerns morality, but for the polity it more concerns equal rights and equal protection under the law. For the individual, moralty intersects with the law.

It would probably get even more resistance, but for me it would be fine to have marriage be a spiritual/religious ceremony, and civil unions be a governmental function. Civil unions would be open to all of an age of consent.

Marriage restrictions or qualifications would be maintained by each congregation or denomination. Legal rights and responsibilities would accrue based on the civil contract, not the spiritual.

Absent this change, I support civil marriage being open to all.

 


I disagree (4.00 / 1)
They've already taken God, Jesus, "family values" (WTH that is) and all the money. They can't have marriage, too.

[ Parent ]
Of course it's a moral issue (3.83 / 6)
Maggie, I think I know what you mean when you wrote:
It is quite simple.  Stop the discrimination and move away from fear and hatred.  This is not a moral issue.

The moral stance on this issue is that discrimination based on irrelevant characteristics, whether innate or acquired, is wrong. It's "not a moral issue" in the sense that what a subset of the population believes its founding religious literature says about homosexuality has no bearing on the interests of the secular state in regulating social contracts.

As long as the government provides different benefits to people otherwise qualified to marry, but who can't marry because of the gender of their chosen partner, it's discrimination and it has no place in secular law.

Some say, "Oh, but Vermont does provide equal benefits." Yes, and no.

It is true that most of the issues I have with not being able to marry involve either other jurisdictions (if we moved to another state, my civil union would be useless) or the federal government (social security, taxes on health insurance, income taxes, stimulus checks, etc.). But the fact is that for marriage equality even to get as far as a case in some federal court, perhaps on the way to the Supreme Court, we have to call it marriage. The Supreme Court didn't abolish interracial marriage bans in the states until there were only about 17 states left who had them and enforced them (1967). They didn't abolish sodomy laws until a mere 13 states still had them (2003). The Supreme Court doesn't lead public opinion; it follows.

And If opponents to marriage equality and their good-hearted "not-now" liberal inadvertent allies (to give them the full measure of benefit of doubt) believe that marriage and civil union are really equal, then let's start a sign up sheet for all of them who would be willing to trade their marriages for civil unions. That's the real measure of equality.  You should be willing to trade yours for mine, since they're really equal, right?

Somehow, I think I should keep the oxygen bottle handy for anyone holding their breath waiting for that to happen.

C'mon Vermont. We know we can be better and do better than this double standard, this illusion of real equality. Some of the equal marriage opponents back in 2000 used to snarl, "If it walks like a duck, talks like a duck, quacks like a duck, then call it a duck. Civil union looks like marriage, sounds like marriage, then it's marriage, and we should call it what it is: marriage."

Ya know what? About that part, they were right.

NanuqFC
Change does not roll in on the wheels of inevitability, but comes through continuous struggle. - Rev. Martin Luther King, Jr.



I like Maggie's take ... (3.50 / 2)
it isn't a moral issue. Morality would be involved in the individual's/couple's decision to get married or enter into some other relationship.

The question of civil marriage falls under the realm of law and civil rights and discrimination.

And oh ye fences of ambiguity ... yes, I think the ultimate morality ... the "golden rule", act as you'd have others act, do unto others, be as you'd see ... enters into this ... BUT ... even there the moral question is one for individuals to answer and not the state/feds.

Maggie, you left out an extremely important facet however. Marriage is also about strong families.

I see families as mutually supportive relationships that encourage and allow for sharing of emotional, spiritual, financial and physical assets (if you will). Families and then tribes and then towns and then states and then higher levels of political cooperation (ie governments) all have their place, but no place is as well situated as the family to provide individualized and immediate assistance or sharing or cooperation.

Stipulation: I'm aware of what some families are like ... I could share enough horror stories of personal experience. But I don't view family as being restricted to biological relationships ... else how could most wives and husbands consider themselves family? I've been part of families that certainly have had nothing to do with immediate biology.

You want to make the moral decision? Do that within the privacy of your own life. You want to make the decision that treats all citizens as equal? Do it in the political sphere. You want to help strengthen the bedrock of human society? Encourage strong families by, in part, allowing same sex couples to enter into legal marriage.

It's over at http://ramabahama.net ... only it's still under construction (but so is the rest of my life)


Encourage Strong Families (4.00 / 1)
Thanks Rama

I agree with your comments.

"Marriage is also about strong families.  I see families as mutually supportive relationships that encourage and allow for sharing of emotional, spiritual, financial and physical assets (if you will). Families and then tribes and then towns and then states and then higher levels of political cooperation (ie governments) all have their place, but no place is as well situated as the family to provide individualized and immediate assistance or sharing or cooperation."

 I did mention family briefly in the original post here:


"Whether the issue is religion, race, ethnicity, or sexual orientation, marriage should not be used as a tool to withhold acceptance into community and equality in society.

Lately, I have heard some people say that in this time of economic crisis we cannot afford to waste our time on anything but Vermont's budget.  I disagree.  In this time of economic stress and chaos, it is more important than ever to put family first by emphasizing marriage and family unity no matter what the religion, race, ethnicity or sexual orientation of the couple wanting to commit their lives to each other."

And in my 1st response here:  

How outrageous is it that the census does not even count same sex families as families?

Legal terms, legal definitions, and legal rights... marriage equality.

I have a number of friends who are in same sex relationships, some with civil unions and others without, who are raising families.  These families deserve the same respect as any other family and all families deserve all the community support we can give them.

You said it perfectly here:

You want to make the moral decision? Do that within the privacy of your own life. You want to make the decision that treats all citizens as equal? Do it in the political sphere. You want to help strengthen the bedrock of human society? Encourage strong families by, in part, allowing same sex couples to enter into legal marriage.


[ Parent ]
Was up at the state house not long ago ... (0.00 / 0)
great turnout by the pro-family/marriage folks from Freedom to Marry and others.

It's quick, it's easy ... it's time! 3 quick votes in the House, 3 quick votes and then a late session override of the douglas veto.

It's over at http://ramabahama.net ... only it's still under construction (but so is the rest of my life)


Marriage Equality? | 20 comments

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