Same Sex Marriage

This essay was written for the Sacramento News and Review

Marriage is . . . something more than a civil contract subject to regulation by the state; it is a fundamental right of free men...legislation infringing such rights must be based upon more than prejudice and must be free from oppressive discrimination to comply with the constitutional requirements of due process and equal protection of the laws. – California Supreme Court in a 1948 decision that invalidated laws barring interracial marriage.

If, as the State Supreme Court states, the right to marry the person of one’s choice is a fundamental civil right, on what basis would we deny this right to same-sex couples? Because it is a new idea? Because the concept makes some people uncomfortable? Because it seems to go against the way we thought God has designed the world? These were all arguments used to justify laws against interracial marriage. Fortunately the State Supreme Court saw this prejudice for what it was and led the nation in invalidating laws that barred such marriages.

Now, it seems, history has a chance to repeat itself. The State Supreme Court may be on the verge of invalidating laws that bar same-sex marriages. Not everyone is pleased with this development. I have heard three arguments against same-sex marriage.

First, marriage has traditionally been limited to opposite sex couples. But tradition is poor justification for denying people civil rights. In our past, slavery was our tradition. Same-race marriage was our tradition. Fortunately we have moved beyond these traditions and broadened access to civil rights.

Second, some believe there is a strong religious consensus against same-sex marriage. Even if the Court was to consider religious arguments, which it shouldn’t, there is no religious consensus. I am an Episcopal priest in a congregation that welcomes with open arms people who are gay and lesbian. I believe that anybody willing to commit himself or herself in love to another deserves our support, our respect and our admiration. I believe the state should honor same-sex couples the same way it honors opposite-sex couples. And I am not alone. Over 400 religious leaders in California joined me in signing an amicus brief that stated our support for same-sex marriage.

Third, some argue that same-sex marriage threatens heterosexual marriages and families. How silly. My marriage is not weakened when a gay or lesbian people choose to pledge themselves to one another. It is foolish, as a society, for us to deny marriage to any group of people. Marriage, with its commitment to fidelity and stability, helps society. When two people want to pledge themselves in faithfulness to one another we should celebrate this commitment and honor them with the legal rights and responsibilities of marriage. It shouldn’t matter if the couples are opposite-sex or same-sex. The marriages of same-sex couples will strengthen marriage as a whole, strengthen families and strengthen our society.

60 years ago California led the nation in ending prejudice and allowing interracial couples to marry. We now have the opportunity to bring this same justice to same-sex couples.