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It was 60 years ago that the California State Supreme Court became the first in our nation to overturn the law banning interracial marriage. At the time this law had strong public support, based – as we all know – on “superiority of the white race.”
It is my belief, as a lesbian, that the current heart of marriage prohibition is an attempt to keep homosexuals inferior. You might not like that but look closely at the information I present to you today. Change starts with you.
Marriage is a “fundamental right of free men,” wrote Justice Traynor. “Legislation infringing such rights must be based on more than prejudice.” As such this is in direct violation of the equal protection laws. A marriage license is a legal document, not a sacred one. The marriage is not sacred through the government but through the individuals themselves.
Marriage triggers 150 to 250 laws in every US state and, on a federal level, more than 1,040. These civil laws to be just and fair should apply to ALL citizens equally. In America there is NO state church and NO religious body has the right to dictate state policy. And would someone please remind our president of this!
Again, a state marriage license is not a religious one. Quoting Joan Ryan from the SF Chronicle, “If preserving the sanctity of marriage were truly the impetus behind Bush’s campaign to ban gay marriage, he also would be championing a constitutional amendment against Elvis wedding chapels and drive-through ceremonies. He’d be calling for a ban against 20-year-olds marrying 85-year-old billionaires, and a ban against Hugh Hefner ever walking down the aisle again.”
Let me share with you a few of the rights triggered by a legal marriage that are difficult or impossible to duplicate by other legal documents:
Automatic assumption of spouse’s pension
Automatic inheritance
Automatic housing lease transfer
Bereavement leave
Burial determination
Property rights
Child custody
Crime victim recovery benefits
Domestic violence protection (most cities don’t cover same sex abuse)
Exemption from property tax on partner's death
Immigration access for the foreign spouse of a US citizen
Immunity from testifying against spouse
Insurance breaks
Joint adoption
Joint bankruptcy
Joint parenting
Medical decisions on behalf of partner
Name change if desired
Visitation rights hospital and prison
Wrongful death benefits.
Domestic partners, however, provide a second-class status that is legally and socially restrictive. It offers few benefits and those that it does can be removed quickly by attorney generals, such is the case in Hawaii and Texas. It is not portable from state to state. Some have suggested that making some kind of parallel structure to marriage, and of course calling it something other than marriage would satisfy all. Many others and I strongly disagree. Again a division would be established and full equality would not prevail.
Throughout our globe change is happening. Lesbian and gay people have had a history of being under attack in this country. State and federal courts have examined civil rights cases for severity of discrimination by different groups and concluded, that sexual minorities do require the same level of constitutional protection.
I celebrate in our California Supreme Court's decision for if this is truly a country of freedom and rights the public should not have the ability just vote away the rights of others! Please remember this in November, for this battle is not over.
Lenny Matthews lives in Lucerne.
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EQUAL PROTECTION UNDER LAW - period.
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"...that is if the Bible is right." Oh ye of little faith - does your God know you doubt him? Oh No - I support Obama, am I going to wake up bi-racial? What if I wake up bi-racial and gay 