Government should not regulate marriage

Filip Wiecko

The Washington Supreme Court ruled the Defense of Marriage Act constitutional in July, ushering in praise from many and condemnation from those who fought hard to stop the state’s discrimination of a group of people.

In a dissenting opinion, Justice Bobbe Bridge wrote, What we have done is permit the religious and moral strains of DOMA to justify the state’s intrusion upon the rights of same-sex partners. Supporters of DOMA countered by arguing that the state has an interest in regulating relationships that produce children.

Brian Fahling, senior trial attorney for the American Family Association Center for Law and Policy, reacted to the decision by stating that July 26 was a great day for marriage, for the family, and for America. He nonetheless cautioned, We must remain mindful that this battle is far from over, and we must be ready to defend marriage anywhere, anytime, and at all costs.

Whether you support gay marriage or oppose it, the main issue revolves around the government’s authority to regulate marriage. Past elections have shown that the majority of the American voting public supports legislation defining marriage as the union between one man and one woman; several states have passed such laws with generous margins. This alone does not legitimize the discrimination against gays or anyone else.

In 1948, the California Supreme Court became the first state court in the nation to strike down laws banning interracial marriages, which were on the books in 30 states at the time. Many found the idea preposterous – maintaining such unions were unnatural and simply wrong. Today we find such assertions arcane relics of our racist past to be filed away in the annals of history.

The more things change, the more they stay the same.

Public opinion is the driving force behind our legal system and the behavior of our elected officials. Your rights as an individual, therefore, will be trumped by the will of the masses. The rights of gay individuals are no different. The solution hinges on taking the power to regulate marriage away from the state and returning it to those who rightfully deserve it: people who choose to live, love and form families in the ways they see fit.

There are two major components to a marriage: the spiritual, religious and emotional bonds that cement one’s commitment to another, and the legal marriage contract prescribed by the state. It is the latter of the two that raises the most concern.

Why give the government the power to regulate private life, in seemingly benign instances where no one is harmed? There are countless legal regulations the state imposes on heterosexual married couples; unfortunately, most people do not encounter those regulations until they have the misfortune of going through a divorce.

I encourage all of you – gay, straight or in between – to take responsibility for your lives and marriages by freely entering into legal contracts you deem fair and appropriate. The spiritual component of your marriage is between you and the theistic or atheistic authority you choose to obey.