As a nation, we claim to not discriminate based on gender, race, class or economic status. Following this line of reasoning, the First Amendment of the U.S. Constitution clearly establishes protections and freedoms that apply to all citizens of the United States, without prejudice. The majority of Americans, without the realization that an assault is being led to deny these equal rights to an entire minority, accepts these fundamental freedoms. It is apparent, by hyperbolic rhetoric in the news, that the right for same-sex couples to have their union acknowledged legally has become an explosive issue for the conservative Christian Right. Seen as an assault on traditional family values, the issue of gay marriage has helped to steer the political and social climate down a dangerous road. This course not only threatens the civil liberties of an entire minority, but the basic freedoms we all take for granted in the First Amendment. As distasteful as blatant bigotry towards homosexuals is, the belief behind this conservative movement is far more insidious as it threatens the spirit of the Constitution.
While assuring the rights of individuals to practice their own religion without persecution or harassment, the First Amendment or Establishment Clause does not establish the United States as a Christian, Muslim, Hindu or Buddhist nation. Though the Christian Right is welcome to their beliefs, to preach what they would like without inciting violence and conduct their lives as they see fit, they are not allowed to impose their beliefs on our nation. This establishes that, though gay marriage may offend and infuriate some in the Christian Right, they have no right to block legalization on those grounds. This fact has caused a rift within the Christian faith as more progressive thinkers acknowledge and seek to ensure same-sex couples’ equal rights. There are many Christians who attempt to practice the love they preach by establishing inclusive churches, supporting same-sex legislation and working with the members of their communities to create safe spaces against discrimination.
The opposing view of that rift has more conservative Christians arguing that marriage is a sacred institution and would be destroyed by allowing same-sex couples equal access. There is an assertion made that the term “marriage” is sacred as it stands as a covenant in the eyes of God. Since the Bible explicitly forbids homosexuality in Leviticus, allowing equal access to marriage for all individuals would be sacrilege. If marriage is a sacred and a religious institution, and I truly believe it is for some people, why do we have laws protecting it at all? Is this not a gross violation of the First Amendment? Should we not move away from a model of civil marriage that a certain group finds sacred, so that the government can protect its citizens without treading on the rights of others?
Perhaps one avenue to bring about this change would be if we were to remove the term “marriage”, in its entirety, from law. We could essentially remove the point of religious contention from debate and, in doing so, ensure all individuals equal access to the same rights and freedoms. Implementing a system that acknowledges civil unions for all would secure the rights of power of attorney, property and “marriage” for legal partnerships without infringing on any specific group’s beliefs and traditions. That would allow individuals to worship as they choose and marry under whatever god they do or do not believe in.
If this compromise is rejected on the grounds that the term and identity of marriage are too far established as a norm within our culture, then I believe it is the government’s responsibility to provide equal access to the institution of marriage for all individuals, regardless of religious consideration. Whether one believes in a “Living Constitution” model or is an Originalist, the separation of Church and State clearly exists within the Establishment Clause. Those that believe in the basic principles of our country and the freedoms provided therein, would be wise to embrace this wall separating religion and law, as it protects their rights as well. By protecting the freedoms of all, we protect ourselves, as we never know when we may become the minority.
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