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Volume 1, Issue 7 - March 3rd - 16th, 2004
Legality vs. Morality: A Defense of Gay Marriage
by Matthew Konradt
Junior / Criminal Justice and Psychology
It may be true that some laws are based on broad moral principles that 99.9% of cultures and religions agree on (murder for example). However, other than the occasional occurrences, legality and morality have no necessary connection. I understand this is a bold statement to make, but allow me to defend myself.
Abortion. Many people consider the act of abortion immoral. However, the act is completely legal. Yet surely this has put no pressure on any form of religion to change their belief whether this act is actually wrong or not.
Speeding. Speeding down the freeway at 72 mph is by no means immoral. However, this act is illegal. Now, I understand that some people may contend that it is immoral. To these people I ask, "Is it immoral because it is illegal or was it immoral before it was illegal?" Once again, I think it is safe to say there is no necessary connection between legality and morality here. The Ku Klux Klan. If you are not convinced that morality and legality have no necessary connection, you may feel differently by the end of this paragraph. Most people would disagree with the value system that the KKK holds and would consider its belief system to be immoral. Yet, the KKK is a legal organization. The First Amendment of the US Constitution clearly allows for "freedom of speech and freedom of assembly." If there is a connection between legality and morality, then this illicit group would be considered illegal. Once again, proof that there is no necessary connection between morality and legality.
How does this relate to gay marriage you ask? Let me show you.
Like abortion, many people consider gay marriage to be immoral. If abortion is not illegal, why should gay marriage be? The 14th Amendment states that no person will be denied equal protection under the law. So, unless homosexuals are actually some alien species, they are guaranteed the same rights and privileges we all are.
What about forcing churches to hold ceremonies for homosexual couples? We do not hold divorce trials in religious institutions or perform abortions there. We wouldn't force them to hold gay marriage ceremonies, and wouldn't have to; there are courts and small churches that are willing and able to hold these types of ceremonies. Two of the things that make this country great are the separation of church and state and the ability to practice any religion you like. This allows our legal system to operate outside religious morality.
Enacting laws allowing gay marriage is a battle over legal rights and not whether a certain moral belief is right or wrong. The legality of gay marriage is not a question. Under the current constitutional law it is acceptable to enact legislation granting homosexuals the right of legal marriage. Legal marriage grants a partner the right to visit a dying partner in the hospital, the right to have a voice in treatment decisions, and any other rights commonly associated with marriage. This country is not made up solely of people who believe that gay marriage is wrong. We are not a single religion, and we are not solely heterosexual. The US Constitution is built upon the basic principle that "all men are created equal." Making gay marriage illegal violates the basic foundation of this country. If you think it is immoral, deal with it. It can never be made illegal under the US Constitution, much like abortion, the KKK, and divorce.
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