Gay Marriage Not A Basic Right
by BOB WARD
Editor of the Texas Journal
Whatever Congress or the states do about same-
sex marriage, the issue will inevitably reach
the Supreme Court, and that's not reassuring.
The Court's ruling against Colorado's amendment
barring preferential treat-ment for homosexuals
suggests they consider gays eligible for
protected status as a "suspect class." According-
ly, denying their relationships equal status with
heterosexual unions may be called discrimination.
But this view only considers the desires of
individuals. It is not the duty of government to
endorse, solemnize and institutionalize every
impulse or desire people feel. Heterosexual,
monogamous, permanent unions enjoy special status
because they benefit the community
One of the most pernicious notions to emerge
in recent years is that no one should impose
values on somebody else. But in fact that is
exactly what civilization is, the imposition of
values. The government must sup-port the
cultural values to which society has historically
subscribed and which are the moral bases of its
laws. That's why we may not steal, kill, or
defraud each other, or refuse to defend the
country. And that's why there are rules about
marriage. When the Supreme Court in 1965
struck down a Connecticut law for-bidding the use
of contraceptives by married people, (Griswold v.
Conn.) Justice William O. Douglas called
marriage "an association that promotes a way of
life, not causes, a harmony in living, not
political faiths, a bilateral loyalty, not
commercial or social projects."
To suggest this rules out all government action
regarding marriage is to mistake the individual
marriage for the institution. While the state
may not, as in Griswold, regulate sexual
relations between man and wife, it may define and
regulate the institution of marriage. It may,
for example, prohibit marriage between close
relatives, or by children. It may bar multi-
party marriages, or (who knows where it will end)
union between a person and an animal.
If the state may not define and elevate the
kind of relationships in which the community has
a stake, if all relationships, however bizarre,
ephemeral and frivolous, enjoy equal status, if
everything is marriage, the term means nothing
and we have effectively abolished marriage.
It is, of course, possible to go too far. We
don't have to revive laws against interracial
marriage in order to defend a one man-one woman
definition. A useful test is found in Justice
Arthur Goldberg's concurring opinion in Griswold.
"In determining which rights are fundamental,
judges . . . must look to the 'tradition and
(collective) conscience of our people' to
determine whether a principle is 'so rooted
(there) . . . as to be ranked as fundamental."
(Snyder v. Mass). A study of our history and
traditions reveals no acceptance of same-sex
marriages.