The Case for Marriage Equality in Ohio | Teen Ink

The Case for Marriage Equality in Ohio

December 9, 2014
By Joel Ludin BRONZE, Solon, Ohio
Joel Ludin BRONZE, Solon, Ohio
1 article 0 photos 0 comments

The American government was created to protect each man’s life, liberty, and pursuit of happiness, which are inalienable rights Thomas Jefferson alluded to in the United States Declaration of Independence. However, due to the dynamic nature of America, open interpretation of these inalienable rights has lead to a discussion on legalizing same sex marriage. Allowing same sex marriage will lead to equality and financial gain in Ohio. The legalization of same sex marriage will also help society to continue to function successfully and reinvigorate Constitutional commitments to liberty and equality. The cases of Ohio Republicans Justice Paul Pfeifer, Senator Rob Portman, and former Attorney General Jim Petro, further support the legalization of same sex marriages in Ohio.


Denying marriage to same sex couples incentivizes viewing them as inferior and discriminating against same sex couples and their families. The acts which transpired in the Civil Rights movement of the 1960s shows no group of people in America should be viewed as second class citizens. Offering civil unions instead of marriages to same sex couples is equivalent to the segregation permitted and justified by the “separate but equal” doctrine stemming from the Supreme Court case Plessy v Ferguson (1896). However, in 1954, the Brown v Board of Education of Topeka case overruled the decision made in the aforementioned case. The decision stated that “separate but equal” facilities were in fact unequal and therefore unconstitutional. Therefore, civil unions are not an acceptable alternative to allowing same sex couples to marry because it is a demonstration of assigning them as second class citizens, allowing for discrimination.


Same sex marriages can bring financial gain to the state government. The revenue created by same sex marriages comes from marriage licenses, higher income taxes, decreases in cost for state benefit programs, wedding related purchases, and local celebrations. According to CNNMoney and Mayor Michael Bloomberg, New York City’s economy was boosted $259 million by the legalization of same sex marriage in its first year. Bloomberg also stated “Marriage equality has made [New York City] more open, inclusive and free -- and it has also helped to create jobs and support our economy.” In a setting more similar to Ohio’s, Massachusetts has generated an estimated $111 million over the first five years of same sex marriage being legal. The improvement of Ohio’s economy is a main objective of all Ohioans, and if there is an opportunity to do so, it should not be denied.


The legalization of gay marriage will ameliorate society’s ability to function without harming family values or heterosexual marriages. Marriage, as an institution, promotes family stability. Ohio’s future is dependent on the children who are being raised in it today. Therefore, the well being and development of Ohio’s youth is a top priority. Many children in Ohio are being raised by parents of the same sex. However, because they cannot legally marry, these children and families are missing out on various rights, benefits, and protections afforded to families with married, heterosexual parents. These privileges help strengthen the bond of the family unit. The legalization of same sex marriage will also provide validation to family units led by same sex couples, leading to more empathy in future generations. In addition, it will not harm family values or heterosexual marriages. Social Science Quarterly produced a study in 2009 which found that allowing same sex marriage has “no adverse effect on marriage and divorce rates.” In fact, The Executive Board of the American Anthropological Association encountered no support showing “either civilization or viable social orders depend on marriage as an exclusively heterosexual institution.” Quite the contrary has been discovered, as anthropological research supports the conclusion that many family unit structures, including those led by same sex couples, can contribute to stable and humane societies. Today, the stereotypical family does not exist. Families come from all backgrounds, races, nationalities, and any other differentiation. The modern american family is blended. Families led by same sex couples should be included in society, along with couples of all variations.


The Constitution’s commitments to liberty and equality protect same sex marriage. In Cleveland Board Of Education v LaFleur (1974), the US Supreme Court ruled that “freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause.” The decision exemplifies the government’s duty to support and protect America’s citizens, regardless of their family life. Another Supreme Court case, Loving v Virginia (1967) ruled in favor a freedom of choice of who to marry, or not marry, and that marriage is a vital personal right essential to the orderly pursuit of happiness by free men, which is a tenet which this country was founded upon. Because marriage is a civil right (as ruled in Skinner v Oklahoma (1942)), the debate over the legalization of same sex marriage can be applied to these cases. Recently, the Supreme Court ruled that legally married same sex couples are entitled to the same rights as all other married couples, striking down a key part of the federal Defense of Marriage Act, which allows states to refuse to recognize same sex marriage granted under the laws of other states. Also, California Proposition 8 (banning gay marriage) was deemed “unconstitutional under both the Due Process and Equal Protection Clauses” by US District Judge Vaughn Walker in 2010. Hence, legalizing same sex marriage would reiterate the Constitution’s commitments to liberty and equality in our country.


The change in stance of three high profile Ohio Republicans on the same sex marriage issue shows that legalization of same sex marriage is a step that should be taken in Ohio. Former Ohio Attorney General Jim Petro, whose daughter is lesbian, has backed a statewide campaign to overturn Ohio’s constitutional ban on same sex marriage. Senator Rob Portman recently flipped his stance because of his son’s sexual orientation: “Knowing that my son is gay prompted me to consider the issue from another perspective.” Because of his son, Senator Portman realized how the issue affects the families of people of homosexual orientation. Looking at the situation with a newfound empathy, Portman switched his point of view to support marriage for same sex couples. Justice Paul Pfeifer also reversed his stance after revealing that his own daughter is a lesbian. Pfeifer said that if Ohio’s gay-marriage ban were removed from its constitution, state lawmakers would be able to address practical problems facing Ohio courts when it comes to same sex couples. He also stated the Legislature’s hands are tied because of the ban. The cases of these three Ohio Republicans show that if the situations is viewed with common sense and empathy, same sex marriage will be legalized.


Opponents of same sex marriage claim it is not truly marriage and it goes against natural law. The latter argument against the same sex marriage can be disregarded on the basis that natural law infers purpose given directly by the Christian God, and being the melting pot that it is, America (and Ohio) can’t be governed based on the religious views of a minority of the country, because that is not democratic. Because marriage is defined by some as a covenant between a man and a woman, those few people believe that same sex marriage is not marriage. However, marriage is not based on religion and is blind of gender, race, or religion. Also, the previously mentioned Supreme Court case of Cleveland Board of Education v LaFleur ruled that freedom of personal choice in matters of marriage is protected by the Due Process Clause. Opponents argue that because same sex couples can’t naturally reproduce, they shouldn’t be allowed to marry. But, if perpetuation of the human race is a necessary component of marriage, then why are heterosexual, infertile couples allowed to marry? A heterosexual couple who is infertile is still allowed to marry, therefore it’s fundamentally wrong to use this point to prohibit same sex couples from enjoying the same luxury. 


Change is imminent. According to The Columbus Dispatch, half of Ohioans now support same sex marriage. Ten years ago, only 38% were in favor. In the progression from Plessy v Ferguson to Brown v Board of Education, it’s proven that bad laws are overturned. Someday, the ban of same sex marriage will be overturned, like state sanctioned segregation was. Same sex marriage will be fully legal and even celebrated in the beautiful state of Ohio and in The United States of America. Legalizing same sex marriage reiterates Constitutional commitments and Supreme Court decisions involving equal rights, while showing Ohio is a state of equality, opportunity, and the improvement of society.



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