Gay marriage is a constitutional, not moral, issue

Home Archived Opinion Gay marriage is a constitutional, not moral, issue

Byron Tripp

Published: November 9, 2005

Gay marriage has become a heated issue in recent years. Part of this is people’s general resistance to change. Without changing, however, people cannot grow as individuals, nor can they grow as a society. It is time that we reconsider the issue without letting fear of change obscure our values.

Traditionalists and moralists argue against gay marriage by saying that marriage is defined between a “man and woman.” These individuals appeal to religious traditions and historical traditions to substantiate this claim but are unable to back their opinions with legality.

On the other hand, citizens that support gay rights and marriage say that appealing to a moral code for definitions of marriage is against the principles of this American democracy. The U.S. Constitution prohibits discrimination based on religion.

So why are the traditionalist and moralist groups still trying to prevent gays from marrying? Some say that they value traditional morality. Some say that a moral break down in society will occur. Some say it is a sign of the times.  No matter what you may say, what is fact is that traditionalists and moralists individuals are grasping at straws to come up with reasons to deny gay Americans rights.

Why are they doing this? Because they realize the churches have failed in their spiritual responsibilities. Now, religious people are looking to the government to legislate their collective view of morality upon the citizenry.

The real issue is not what is religiously acceptable. The real issue is what is legal.  If a state in the U.S., by majority vote of its legislature, wishes to institute gay marriage, by right of the Tenth Amendment, that state can.

People fail to differentiate between their personal views and the actual duty of the government, which is to provide legality, not morality.  It is not the right of government to limit the happiness of citizens who wish to acquire the same legal status and benefits under the law as is defined by a religious or traditional marriage.

Citizens that serve the public may have religious feelings on the matter but their choice to remain citizens means they accept the Constitution- and it must precede their personal moral views.

Religion has no place in politics and politics has no place in religion. The government has the Constitutional right only to determine what is legal and what is illegal in their jurisdictions, not to determine what is moral and what is immoral.

If we are truly committed to upholding the democratic nature of this country, we cannot prevent gay marriage. Regardless of how individuals are raised or what they believe or accept, our country was founded upon the premises of certain “inalienable rights,” to quote the Declaration of Independence: “Life, Liberty and the pursuit of Happiness.”

In accordance with the principles of the Constitution and the Declaration of Independence, no one can argue with any sound reason that this country should not accept such peaceful social changes.