Friday, November 6, 2009

Reaction to Some Anti-Same-Sex Marriage Arguments

The argument that same-sex marriage would open the doors to polygamy should be a non-starter. Maine’s Human Rights Act protects against discrimination based upon race, color, sex, sexual orientation, physical or mental disability, religion, ancestry or national origin. The Law makes illegal discrimination based upon sexual orientation, it does not make illegal discrimination based upon a desire for multiple spouses.

The argument that there is no right to marry and thus denial of marriage to same-sex couples is not a violation of rights should also be a non-starter. There is no right to a driver’s license. Still, the State would be in clear and blatant violation of its own laws if it refused to issue a driver’s license based upon an individual’s sexual orientation. Not because a driver’s license is a basic human right, but because the State must treat individuals equally under the Law irrespective of their sexual orientation. It seems equally clear to many of us that the State is in blatant violation of its own Laws by denying marriage to same-sex couples.

Many opponents of same-sex marriage are indignant when they are referred to as bigots, discriminators or haters. Denying equality through the democratic process is every bit as discriminatory as turning away a restaurant patron because he is gay. Treating homosexuals with intolerance—denying homosexuals equality as prescribed by Law is intolerance—is the very definition of bigotry.

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