The Supreme Court of Massachusetts ruled that a ban on gay marriage is unconstitutional, citing equal protection guaranteed under their state constitution. The decision is a victory for various gay rights groups and will lead to a violent six-month debate in the legislature. Hopefully, the laws of the land will trump preconceived religious notions and lead to a more progressive and positive society.
Over the summer, the Supreme Court ruled in Lawrence v Texas that anti-sodomy laws were unconstitutional and sexual privacy was outside of the jurisdiction of the state. Despite Justice Antonin Scalia's dissent, which stated the court had "largely signed on to the so-called homosexual agenda" and would now have a difficult time enforcing laws restricting masturbation, activists took their fight from the bedroom to the court.
Once private lives were acceptable, the homosexual community began seeking basic legal protections based on equal rights provisions. The larger question revolved around the notion of marriage as expressed in different realms of society.
Marriage is a very difficult issue to debate because many different concepts have been lumped together under one definition. Certainly, there is a religious factor, but the government cannot regulate what any religious faction chooses to accept.
Next, there is the notion of procreation, using marriage as a biological means to the end of keeping the species from extinction.
Socially, regardless of the gender of the person you love, you and them can have the same rights. The state has no business legislating who can love who under what circumstances, as was established with Lawrence v Texas.
There are legal arrangements that should never be denied based on the gender of the other participant. Insurance, hospital visitation rights and other similar situations can only go to a spouse, and the state correctly ruled that it cannot discriminate against spouses based on gender.
Legal justification behind the Massachusetts decision comes from its constitution, which dates back to 1780, seven years before the ratification of the United States Constitution. Written by John Adams, it opens with a declaration of human rights and equality, "All people are born free and equal and have certain natural, essential and unalienable rights ... Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin."
The majority decision declared "The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens." The court noted that the Commonwealth "has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples."
Now that the legislature must decide how civil unions will be represented, the social ripple is extending throughout the country. Homosexuality is still taboo, and is discriminated against unknowingly by everyone from teachers to doctors.
In Niagara Falls on Wednesday night, the Gay, Lesbian, Bisexual and Transgendered Task Force is hosting a conference designed to follow the title of "Breaking Down the Barriers."
Forums like this are necessary in order to dispel the notion that everyone is automatically heterosexual. Those assumptions can taint medical coverage and cause improper care. It is a simple social distinction, but when people's lives can be improved by mere knowledge leading toward a more encompassing discussion, it is necessary.
The past few months have been full of positive strides for the Gay Rights movement as equal rights is finally becoming a reality. The movement is happening both legally and socially, an encouraging sign that we will finally accept all human beings regardless of sexual preference and drop our petty differences to form a more progressive society.
Photo: Courtesy of Laron Fomby
