On issues like this both sides should be heard out. It is only fair, since the simple truth is that for a lot of people this issue matters more to them than anything else. For some reasons moralist and those that view themselves as such have really taken to this Amendment. I have looked at what those in favor of the Amendment are saying. Their support is will meaning but flawed for many reasons.
N.C. Values Coalition was founded in 2011 and takes on more issues then just the Amendment one can what causes they have taken on
here. While I will be just focusing on their stance for the Amendment their issues do make for a fascinating read. Namely the part in which they say that "We also believe that private business owners have the right to refuse service to customers on the basis of their religious faith." I can only think that it is a misguided move to say such a thing. It does nothing but create a needless firestorm as people can and will put out that smacks of every kind of hatred imaginable. My religion says I cannot sell to Jews and you look like one so I will not sell to you or Hey my faith says blacks are bad so don't shop here. It does not seems like wise company to keep.
Nevertheless, N.C. Values Coalition stance for the Amendment is simple enough to understand:
"Marriage in North Carolina is under attack and needs protection. Although our current laws define marriage as between a man and a woman and prohibit persons of the same sex from marrying, these statutes are subject to being overturned either by judges or by future legislatures. North Carolinians do not want to leave the issue up to a future legislatures that might impose gay marriage on them without a popular vote of the people. ..Judicial or legislative activism could be coming to North Carolina very soon. We need a marriage amendment to settle the gay marriage issue once and for all, so we don't have it in our face every day for the next ten years."
I dislike with a passion the idea that marriage is 'under attack'. It sounds like roving gangs of people are beating up married couples or burning marriage certificates. It also brings to mind the notion that the government is trying to pass laws that will ban marriages. Granted this is not what they are talking about. It is a term that shows up time and time again in the same sex marriage debate. They stand behind the idea it is some how an 'attack' to be inclusive and give legal rights to same sex couples. But that is not what the issue is here. It needs to be stated again that not passing the Amendment is not a vote for gay marriage. Same sex marriage will still be illegal.
Anyway with the statement "Judicial or legislative activism could be coming to North Carolina" it appears that the NC Values Coalition are trying to fight against the shadowy forces threatening the future by legal or political action. It is one of the oldest tricks in the book. Using fear without reason to get what you want, in this case to pass a bad Amendment. Fear is not a good enough reason to do anything let alone pass an Amendment that will forever change the state. The simple fact is that there is no threat. No law is being considered in the State house or Senate that would allow same sex couples to marry. None has ever been considered. So much for legislative activism.
The Coalition does make the following statement singling out judges:
"Legislators who oppose a Marriage Amendment say our current law is sufficient to protect the definition of marriage without amending the Constitution. That excuse is just plain wrong! They ignore what has happened in Iowa, Massachusetts, and Connecticut, where judges have overturned statutes protecting traditional marriage and legalized gay marriage. An activist judge in North Carolina could overturn North Carolina's marriage laws."
Moreover it speaks to the ignorance of the legal system that the Values Coalition has to think that a judge can some how make a ruling that will suddenly allow for same sex couples to marry. It is against the law in NC full stop, no question about it, a judge interprets the law they do not make laws. This notion of 'judicial activism'. You can read an great opinion piece about how '
Judicial activism' is a convenient bogeyman. The simple fact is "in our system of government, courts are meant to be "bulwarks" of liberty, not rubber stamps for government power." To think that they some how bully citizens into following laws of their creation is simply not possible in sense that the NC Values Coalition is claiming.
I looked up the cases that they highlighted. While they do not name names or point to cretin cases I tried my best and I think I found out what cases they where talking about.
In
Massachusetts "Judge Joseph L. Tauro, ruling in two separate challenges to the Defense of Marriage Act, declared that the law “induces the Commonwealth to violate the equal protection rights of its citizens’’ and “plainly intrudes on a core area of state sovereignty, the ability to define the marital status of its citizens. This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status."
Not much activism there. The judge said that the state makes the rules on marriage for the state.
As for
Iowa nothing that extreme. Direct from the ruling itself: "In this case, we must decide if our state statute limiting civil marriage to a union between a man and a woman violates the Iowa Constitution, as the district court ruled. On our review, we hold the Iowa marriage statute violates the equal protection clause of the Iowa Constitution." Furthermore, "Iowa Code section 595.2 is unconstitutional because the County has been unable to identify a constitutionally adequate justification for excluding plaintiffs from the institution of civil marriage. A new distinction based on sexual orientation would be equally suspect and difficult to square with the fundamental principles of equal protection embodied in our constitution. This record, our independent research, and the appropriate equal protection analysis do not suggest the existence of a justification for such a legislative classification that substantially furthers any governmental objective. Consequently, the language in Iowa Code section 595.2 limiting civil marriage to a man and a woman must be stricken from the statute, and the remaining statutory language must be interpreted and applied in a manner allowing gay and lesbian people full access to the institution of civil marriage."
Boiling it all down. The ruling stated that the court could find not good reason for why the state banned same sex marriage. Iowa has a standard called 'appropriate equal protection'. Meaning that all are protected by the law equally. So if a group of people are to lose or never get the legal protection of marriage a good reason needs to be found for why it was done. It is very damning to those against same sex marriage that they could not come up with a good reason for excluding same sex couples from the same legal rights to marriage as heterosexuals.
As for
Connecticut the case played out much the same as Iowa. No good legal reason could be found for banning gay marriage. How often do people forget that in the court of law one has to prove their case. Let me say that one more time. In a court of law proof matters, legal proof. Just because you do not like it is not a good enough reason. You have to make a case and use logic.
Okay enough of that. On to the next points that the Coalition makes. What I found to be very odd is that they have this page that lists the benefits of
marriage. Claiming all the positives:
"Promotes optimal health and success of children. Children need a mother and a father;[2] there is no substitute for either in a child’s life. Children from homes with a married mother and father are:
- Seven times less likely to live in poverty
- Six times less likely to commit suicide
- Less than half as likely to commit crime
- Less than half as likely to become pregnant out of wedlock
- Develop better academically and socially
- Healthier physically and emotionally when they reach adulthood [3]"
I followed the sources. None make the claim that the benefits of marriage are the exclusive domain of Heterosexual couples. All they compared was two parent households vs. single parent. In many ways the whole page simply highlights good reasons for the state to be inclusive to same sex couples. Why leave same sex couples out something to seems so beneficial? Should the sex organs of parent really matter that much. The Coalition says that their vision "is to take the initiative to preserve and promote families — the basic building block of society in North Carolina — on an economic, social and values level." Gay people have families. But for some reason a family group only cares about families so as they have mismatched sex parts.
I many ways this group demeans those that support their cause. By making
outlandish claims and statements on many topics.
Now on the next group, Vote FOR Marriage NC. They are the milder one of the two groups and seems to be the most reasonable with their case being made with a clear head and some sense of reason. Here are some of their reasons why they are for the
Amendment.
"What is at stake in this debate are two competing definitions of marriage. One definition – advocated by same-sex “marriage” activists – would define marriage as the union of any two people regardless of gender, with the law treating the parties’ genders as irrelevant to the meaning of marriage. The other definition, contained in the proposed constitutional amendment and reflective of North Carolina’s current law and the collective understanding of virtually every nation throughout recorded history, is that marriage is the union of one man and one woman."
Because it is the way we have always done it is never a good reason to keep doing something. Women should have the right to vote because well that is the way we have always done things. No, I would give you that surgery we have always used a faith healer and we get by just fine. Societies change social standards evolve. It is simple fact of human life.
The History of Marriage is not a rosy one. For most of human history marriage was between one man and many women. There are still places around the world where this is true. What is now taboo for most societies was or is a fact of daily life. Also, for generations past often who you married was not your choice but rather one of your parents. This is still the case for many people. However, in modern times we see it as an attack on personal freedom. Really I could make this whole post about how marriage was sexist and more of a legal contract between families then one of love or even respect. Families would sell their daughters or arrange for babies to marry one another when they came of age.
The point is the definition of marriage has changed a great deal with time. Our view of it now is a oddity when compared to recorded history. Traditions change, peoples views on things change. It is a fact of life. When it comes down to it. It is easy to say well that is way it has always been done but that does not make it right or even a good idea to begin with.
Getting deeper into the issue Vote for Marriage says the
following:
"Whenever schools educate children about marriage, which happens throughout the curriculum, they will have no choice but to teach this new genderless institution. In Massachusetts, kids as young as second grade were taught about gay marriage in class. The courts ruled that parents had no right to prior notice, or to opt their children out of such instruction."
Okay they don't cite a source for this. It turns out that this claim is made by
groups around the nation. But I like to look things up and found the
following:
"Bottom line: the only evidence is two incidents five years ago. It’s possible that somewhere, in one of the 351 cities and towns in Massachusetts (teachers) have taught about same-sex marriage."
Even if they do what is the issue? It is a fact of life for many children that their parents are gay. As it is for other children to be born to single mother, or live just with their father or another extended family member. The nuclear family is not the only type of family out there. Why should children not learn about other types of families. Why hide it? I fail to see what the issue is.
Carrying on:
"Wedding professionals have been fined for refusing to participate in a same-sex ceremony. Christian innkeepers in Vermont and Illinois are being sued over their refusal to make their facilities available for same-sex weddings despite offers to refer the couples to other providers and in spite of the deeply-held religious views of the inn-keepers."
Oh look I found a nice chart that covers all of this:
CLAIM |
REALITY |
“Religious groups who have refused to make their facilities available for same-sex couples have lost their state tax exemption.” |
The only example conservatives ever cite is a New Jersey Methodist pavilion, and that pavilion did not actually have a religious exemption. |
“Religious groups like Catholic Charities in Boston and Washington DC have had to choose between fulfilling their social mission based on their religious beliefs, or acquiescing to this new definition of marriage.” |
Catholic Charities have never been obligated to shut down their services, but have done so voluntarily when they are no longer subsidized by the state because they discriminate. |
“Nonprofit groups are faced with abandoning their historic mission principles in order to maintain governmental contracts (for things like low-income housing, health clinics, etc.).” |
Again, no group has been forced to close, though some may lose state funding. In one case, the Maine Catholic Diocese shuttered a homeless support agency as punishment for supporting marriage equality. |
“Whenever schools educate children about marriage, which happens throughout the curriculum, they will have no choice but to teach this new genderless institution.” |
Marriage equality or not, same-sex families are a part of all communities. To refuse to acknowledge their existence stigmatizes the children who are being raised by gay couples and deprives all young people of understanding the world around them. |
“Wedding professionals have been fined for refusing to participate in a same-sex ceremony. Christian innkeepers in Vermont and New Hampshire are being sued over their refusal to make their facilities available for same-sex weddings.” |
This is a red herring. When businesses are fined for not renting to same-sex couples, they are violating state non-discrimination policies, like in the case of the Wildflower Inn in Vermont. Inns and reception halls should be no less publicly accessible than lunch counters and water fountains. |
“Doctors, lawyers, accountants and other licensed professionals risk their state licensure if they act on their belief that a same-sex couple cannot really be married. A counselor, for example, could not refuse “marriage therapy” to a same-sex couple because she doesn’t believe in gay marriage.” |
This is another red herring, as licensing laws and professional certifications have no connection to marriage laws. The 11th Circuit ruled last month in favor of a university that required a counseling student to affirmatively counsel LGBT clients. |
“Those people – a strong majority of North Carolinians – who believe marriage is between one man and one woman, would be the legal equivalent of bigots for acting on their heartfelt beliefs… Not only will the law penalize traditional marriage supporters, but the power of government will work in concert to promote this belief throughout the culture.” |
No law has ever “penalized” opponents of marriage equality, but more importantly, there is no “strong majority” in support of the amendment. In fact, a December poll found that 56 percent of North Carolinians support at least civil unions — which this amendment also bans. |