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Opening
the Doors to Marriage
The Harvard Crimson
December 1, 2003
For decades, Massachusetts
has enjoyed a peculiar double reputation for political affiliations.
The Commonwealth is both the Puritan colony of John Winthrop and
the most liberal state in the Union; it was the only state to
give its electoral votes to George McGovern in 1972 and is the
outdated land that only recently took its Blue liquor laws off
the books. The last 200 years were, in a sense, a lengthy experiment
in banishing the 17th century from Massachusetts-leaving its reactionary
history behind and defining the Bay State as a haven for the progressive
principles of tolerance and equality. Two weeks ago, in declaring
any ban on gay marriage unconstitutional, the Massachusetts Supreme
Judicial Court (SJC) took an important step in that direction.
Same-sex marriage
is, at its heart, an issue of fairness. The benefits and special
status that our government grants two people who choose to make
their lives together cannot be restricted to those couples who
differ in gender. As the SJC correctly identified, prohibiting
gays and lesbians from marrying those they love repeats one of
the ugliest and most persistent perversions of American civil
society-it creates a second, inferior class of residents not entitled
to the full protections and privileges of citizenship. It took
too many years for America to realize that it was wrong to prevent
women from voting or African-Americans from living as free human
beings; bans on gay marriage, though the right they rob is comparatively
far smaller, are variations on the same abhorrence.
Ultimately, then,
gay marriage is not an issue of Massachusetts law, but of the
fundamental freedoms enshrined in the U.S. Constitution. And ultimately
the federal government must step into its essential role as guarantor
of those freedoms to unambiguously recognize the right of adult
citizens across America to wed one another, no matter their sex.
But with today's narrow-minded White House, where President Bush
takes as gospel that "marriage is a sacred institution between
a man and a woman" and has established a holiday to bigotry
in October's "Marriage Protection Week," the governments
of states like Vermont, Hawaii and now Massachusetts can't be
blamed for not holding their breaths. So long as the suffocating
Washington climate continues to rule out federal legislation protecting
gay marriage, individual states have no choice but to buck that
trend by honoring gay rights one by one. With any luck the Massachusetts
state legislature will follow the SJC's lead as soon as possible-about
six months, to be precise-and legalize gay marriage.
Of course, Massachusetts'
evangelical past is never far offstage, and already such unfortunately
powerful voices as Governor W. Mitt Romney have come out against
formalizing the right that the state's highest legal body has
outlined. In place of marriage, Romney has suggested that gays
and lesbians be allowed "civil unions"-contracts with
all the legal benefits of marriage but without the name. It is
as yet unclear whether the SJC's ruling would allow this hair-splitting
restriction to pass into law. What is perfectly clear to any level-headed
observer is that civil unions are an unacceptable resolution to
the question of gay marriage, even if they are far preferable
to the status quo. The most important priority is that same-sex
couples be afforded the privileges of marriage, but as long as
they are prevented from taking part in the very same institution
as heterosexuals-name and all-gays and lesbians will still be
penned in an un-American second-class citizenship.
Romney has simultaneously
launched another last-ditch effort to deny homosexuals the rights
of other citizens, urging legislators to begin the lengthy process
of amending the Massachusetts constitution. For this proud defender
of an unfairly exclusive institution, nothing less will suffice
than a state constitutional amendment that explicitly bars gays
from the institution of marriage. It seems unlikely that this
backwards provision will get through the legislative process any
time soon, but it is imperative that Massachusetts' lawmakers
take action now to make the SJC's ruling a reality. Knocking down
the barriers to free citizenship is never easy; among those already
fully-enfranchised, there are always some petty and closed minds
who will do all they can to stop their fellow men and women from
enjoying all the privileges of citizenship. With the SJC's go-ahead,
Massachusetts' egalitarians owe it to themselves to be even more
tenacious in opening the institution of marriage to all.
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