Date: 02 Jun 96 14:57:13 EDT From: Martha Barnette <75300.3140@CompuServe.COM> Subject: Re: marriage editorial Here's the slightly updated version of my Courier-Journal op-ed. Please feel free to post anywhere. I'm encouraging balky letter-writers to just print out the damn thing, scrawl "I AGREE, THIS LEGISLATION IS IDIOTIC!!!" on it and send to Clinton et al. Cheers! From the Louisville Courier-Journal (Kentucky's largest statewide newspaper) Ms. Barnette, formerly a member of The Louisville Times reporting staff and a former Courier-Journal editorial writer, is a writer in Louisville. Like most folks, I grew up dreaming that I'd meet and marry the love of my life. Like anyone in love, I marvel at my good fortune at finding that person more than seven years ago. But we still can't wed. And it's time for fair-minded Kentuckians to consider the injustice of preventing gay couples like ourselves from marrying. Understand, first of all, that I'm not talking about the religious institution of "holy matrimony" here. I'm talking about the civil institution of marriage, through which the government provides a host of legal rights to some adult couples, but denies them to others. Backed by religious extremists, Republican congressmen this month introduced federal legislation to ensure that people like us will never have "equal protection under the law." What they don't want you to think about, however, is that preventing us from marrying is not only mean-spirited and hypocritical, it's downright anti-family. Here's why: The instant the ink dries on a marriage license, straight couples take for granted at least 150 legal rights, including the right to consent to surgery for a seriously ill partner, to authorize an autopsy, to carry out a partner's wishes for burial, and to refuse to testify against one's spouse in court. Every time my partner and I travel in a car, we carry with us a fear that married couples never do: If one of us is seriously injured in a wreck, the other may be barred from her intensive-care room -- perhaps from her deathbed -- because technically, we're not "family." Or imagine your spouse being whisked away by government officials and shipped out of the country forever, because in the eyes of the law, you're nothing more than strangers. This happens to thousands of gay couples every year. In fact, it happened to me: Years ago a Brazilian woman and I planned to spend our lives together. But her visa expired, and she was immediately deported. That our own government routinely tears apart gay couples and their families this way is bewilderingly cruel and, let me assure you, heartbreaking. I'm astonished at how many people assume that my partner and I already have the same rights as married couples. Some figure that because we've been together more than seven years, we must be married under "common law," but that applies only to straight couples. Others think a "commitment ceremony" does the trick, but such ceremonies carry absolutely no legal weight. This means, among other things, that if I die tomorrow, my partner won't get a day of bereavement leave from work, and could face a court challenge to her inheritance that married partners need never worry about. Some argue we shouldn't "tamper with" the fundamental building block of society called marriage. But marriage has already been evolving and changing over the years, and each time for the better. Not that long ago, marriage laws declared wives to be their husband's property; men could even rape their wives with impunity. Similarly, slaves were once prohibited from marrying -- a cruelty custom-designed to ease the conscience of Christian slave owners, who could then sell off family members one by one, confident they hadn't violated the Biblical injunction not to "put asunder" married couples. Less than 30 years ago, laws in 16 states prohibited interracial couples from marrying -- laws which would have invalidated, for starters, the interracial marriages of former Republican presidential candidates Phil Gramm and Alan Keyes. If same-gender marriage were legal, churches would never be compelled to perform such ceremonies. Rightly so. We're a nation founded on respect for religious diversity, and churches should have the right to discriminate within their own congregations against gay people -- or women, for that matter. But many denominations already bless gay marriages, including Unitarians, Reform Jews, Zen Buddhists, the Metropolitan Community Church, as well as various congregations of Episcopalians, American Baptists, Methodists, Evangelical Lutherans, Mennonites, and the United Church of Christ. Somebody please tell me: Why should some people's religious beliefs have precedence over other people's religious beliefs when it comes to a matter of a civil contract between consenting adults? Religious ceremonies aside, heterosexual couples always have the option of being married by a justice of the peace. Gay couples don't, and as a landmark Hawaii Supreme Court decision is expected to show, that amounts to unjust discrimination by a government supposed to represent all its citizens. Some insist that the special rights that married heterosexuals enjoy are designed to provide a stable unit for raising children. Fine. So why allow infertile couples to wed? Should Bob Dole, Newt Gingrich, and others whose current marriages have produced no offspring turn in their marriage licenses, since obviously they don't need them? A word about gay parents: The other day I heard Ann Landers tell a radio interviewer she supports "some sort" of legal recognition for gay couples, but not "marriage" per se. In the next breath, though, she volunteered that gay couples absolutely should be allowed to adopt, because she personally knows many gay parents doing a wonderful job of raising their kids. What she apparently doesn't understand is that preventing all those wonderful gay parents from marrying hurts those kids: Consider the lesbian whose health insurance won't cover her partner's toddler because they're not married. Or the boy uprooted from the only home he's ever known because his biological parent died and the gay partner can't adopt him. Astoundingly, demagogues on the right act as if it's their marriages and their relationships, that are under attack. The sponsors of this bill (one of whom is so enthusiastic about marriage he's been married three times) have even dubbed this bill the "Defense of Marriage Act." What possible harm does it do to your marriage if the couple next door can wed? Clearly, they find it easier to make political hay by scapegoating people like me rather than tackle real threats to American families -- the sorry divorce rate, for example, or deadbeat dads, or the fact that nearly all child molestation is perpetrated upon little girls by their heterosexual male relatives. In other words, they don't want fair-minded folks to consider the facts. But I hope you will.