Is This Truly The Land of the Free Where All Men and Women Are Equal?
“We hold these truths to be self-evident, that all men all created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” (United States Declaration of Independence).
“Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal” (Gettysburg Address, Abraham Lincoln).
“I have a dream, that one day this nation will rise up and live out the true meaning of its creed: ‘We hold these truths to be self-evident: that all men are created equal” (“I Have a Dream”, Dr. Martin Luther King Jr.)
Those famous quotes taken from documents and speeches throughout the history of America were used in attempt to make this country a place of freedom, where all men and women are truly equal. I believe in what this country stands for which is freedom and equality. The United States of America is known best as The Land of the Free! I believe that all Americans should have the right to marry; this includes same-sex couples. If we exclude these rights from certain individuals, such as same-sex couples then we are going against what we, as Americans, stand for. I believe that it was wrong that during the years of 1664 to 1967, interracial marriages were illegal (Pascoe), just like I now think it is wrong that same-sex marriages are not legal. Discrimination is no different when directed at race or a person’s sexuality. It is still discrimination, and therefore, wrong.
When I first gained a definite opinion about this issue was during 2008, when Proposition 8 was written. Prop-8 was based on whether or not same-sex couples should be allowed to marry in the state of California. The California Supreme Court had over-turned a previous vote of the people and legalized same-sex marriages in May of 2008, deeming it was unconstitutional to prevent same-sex marriages. Prop 8 was written to over-turn that Supreme Court ruling, and in November of 2008, the people voted YES on Prop 8. The YES vote now means that only marriage between a man and a woman is valid or recognized in California (California Constitution Article 1 Declaration of Rights Section 7.5). Personally, I voted no on Prop 8 for several different reasons. One of those reasons is close to my heart for two of my best friends are homosexuals. I believe that they deserve the same rights as everyone else. Both of them should be able to marry and reap the same marital benefits as heterosexual couples. I do not believe they should be treated differently in any way because of their sexual orientation.
The most common concerns here in California with those that were and are against same-sex marriages are heterosexuals and religious establishments wanting to preserve the meaning of marriage as between a man and a woman and parents not wanting same-sex marriage to be taught in schools. Prop 8 supporters were using, what I believed to be scare tactics, such as saying that fairy tales would be read in schools about Kings and Kings to young children. There was also a story about children being taken to a same-sex marriage ceremony for a school field trip. Opinions were and are that homosexuals don’t need to marry because they are offered domestic partnerships; which give the same benefits as marriage without the title. And, of course, many disagree with same-sex marriage based on their religious beliefs (Prop 8 - Smart Voter).
Homosexuality is apart of our society today, regardless if you agree with it or not. Children are going to be curious and ask about same-sex couples whether or not they are allowed to marry. With that being said, Senate Bill 71, the California Comprehensive Sexual Health and HIV/AIDS Prevention Act of 2004, went into law on January 1, 2004. This law is to provide students with the knowledge and skills necessary to be protected against unintended pregnancies and sexually transmitted diseases. It is also suppose to educate the students about being healthy, adolescent growth and development, body image, gender roles, sexual orientation, dating, marriage, and family (SB 71 Fact Sheet). This law also requires that schools notify parents at the beginning of year about these classes. All parents have the right to “opt out” and not have their child participate in these classes. Education Code Section 51938 shows that it is a parent’s right to excuse their child from all or part of comprehensive sexual education (Article 5). So, if one is concerned with a child learning about homosexuality or same-sex marriage in their school, it is within a parent’s rights to remove their child from those health or sex education classes.
When I heard people talking about teachers reading students fairy tales about Kings and Kings, I thought that was a fallacy; a false claim to put fear in people. I do not remember any fairy tale stories being a part of grammar school curriculum and neither does anyone I know. I do not remember learning about heterosexual or homosexual marriage either. Another story that I believe to be false is the one I mentioned previously about students being taken to a same-sex marriage ceremony for a school field trip. As I remember, Kindergarten through 12th grade, no matter what field trip you went on with your school, it required a parental permission slip. Again, I believe this was only a scare tactic used to persuade people to vote against homosexual marriages.
Same-sex couples in the state of California, in certain cities, are offered the opinion to become domestic partners. A domestic partnership is defined as a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union (Wikipedia). Many people think that same-sex couples do not need to get married because they are offered domestic partnerships. People tend to think that they are one in the same, but with a little research you will find that they are quite different. A few of those differences are, for example, as a married couple you have more than 1,000 federal rights and benefits, you are allowed to make medical decisions for your spouse, visit them in the hospital as immediate family, and are recognized universally as a married couple. As a domestic partner, there are no federal protections, you may not be able to make medical decisions for your partner or get recognized as immediate family to visit them in the hospital, and you are not universally seen as a united couple on the same level as a marriage. Also, in a marriage you are able to file your taxes jointly, except an inheritance from your spouse, allowed to change your name and eligible for Social Security Insurance. While as a domestic partner you can only file federal taxes separately, and if you are left an inheritance from your partner, there will be a tax penalty which is the same as if a stranger left someone an inheritance. As a domestic partner, you may only change your name with a court order and you are not eligible for Social Security Insurance. So, as you can see when comparing marriage to a domestic partnership, they are not the same. Domestic partnerships do not come with nearly as many benefits as married couples do.
The last opposition I want to address is the fact that people do not think same-sex marriages should be legalized because of their religious beliefs. I do not want to discuss what each religion and their materials say because I believe it is all up for interpretation. I do understand that all religions disapprove of homosexuality, but I think whether or not same-sex couples should be allowed to marry should be based on state, not church. Just like the Bill of Rights First Amendment (freedom of religion, press and expression) states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Bill of Rights).
In this country, there is a separation of church and state. If a law would pass stating same-sex couples would be allowed to marry, that would not force religions to change their beliefs. I look at these as two separate entities. Religions can continue preaching as they wish regarding homosexuality. Same-sex couples will probably never be allowed to marry in churches, so that is religion’s way of not putting their stamp of approval on something they disagree with. Same-sex marriage does not dictate what a religion can and can not believe in, it just gives same-sex couples equal marital rights on a state level.
The world we live in is forever changing, so I think we should keep an open mind and roll with the punches so to speak. I am not asking you to change whether or not you believe in homosexuality; all I am asking is that you remember America is The Land of the Free and is about equality for all. If you believe that homosexuality is wrong, you are free to believe that. Changing ones mind on whether or not homosexuality is right or wrong was not the goal of Prop 8, nor is it my goal. I just want fellow Americans to see that marriage should not be discriminated against no matter heterosexual or homosexual in the eyes of the state.
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