Recent months have shown progress for the issue of same-sex marriage. Prop 8, the California referendum that rescinded gay marriage, has been declared unconstitutional. The Maryland Washington State and New Jersey legislatures all passed gay marriage laws.
Momentum seems to be building for the cause, although Gov. Christie vetoed the New Jersey law.
A California judge ruled part of the Defense of Marriage Act violated the constitutional rights of gay couples when Blue Cross benefits were denied to the spouse of a government worker. The ruling said that the “imposition of subjective moral beliefs of a majority upon a minority” cannot justify DOMA.
The issue of gay marriage has now resurfaced in Maine, with enough signatures to get the question on the November ballot. After the legislature voted for it in 2009, a referendum took it away. The margin was narrow, however (six points), leading to speculation that this year gay marriage may be reinstated. We would then join the rest of New England.
And we could be the first state to approve gay marriage by popular vote. A few days after the announcement that same-sex marriage will again be on the ballot, the Catholic church in Maine unveiled a new ministry, Courage, for those who want to change their sexual orientation.
The priest who heads Courage has no training in therapy and will offer only spiritual counseling.
This separation of spirituality from the body is tragically misguided. A person unsure of or troubled by his or her sexual orientation needs a therapist, preferably one well trained in human sexuality. Courage will have no more credibility than a doctor who claims to cure cancer by snake bites.
The argument sometimes heard that marriage is thousands of years old is simply not true. Until recent centuries it was a property arrangement. Marriage in its present form, with many divorces, babies from fertility treatments and levels of domestic violence that seem to increase with recessions, cannot claim the mantle of history.
Arguments against same-sex marriage usually come from authority (it is wrong because we say so) rather than from evidence. If authorities ruled that red-haired people could not marry each other, or left-handed people should not be allowed to marry, the weakness of their stance would
be obvious.
Those who favor evidence may not know that as long ago as the last decade of the nineteenth century, German doctors and sexologists concluded that no evidence justified discrimination against homosexuals. They formed the Scientific Humanitarian Committee to argue for decriminalization.
The U.S. did not catch up to the Germans until 1973, when the American Psychiatric Association declared that homosexuality was not an illness. Teaching that homosexual people are intrinsically disordered, the Vatican has obviously not caught up to the APA.
People whose moral beliefs conflict with science are of course free to express those beliefs and attempt to persuade others that same-sex marriage is wrong. When they attempt to coerce others into accepting their morality, however, by overthrowing a law passed in a secular state, they show their distrust of persuasion.
In a ringing defense of freedom of the press, John Milton wrote, “Let truth and falsehood grapple.” His belief in the power of free expression finds some support in the polls showing that a majority of Americans now favor same-sex marriage. Five years ago, a majority did not.
The coming contest in Maine will feature an unusual alliance seen in 2009 — Catholics and fundamentalist Protestants on the same side. Not so many decades ago, fundamentalist Protestants were no fans of Catholics.
When one knocked on our door years ago, my mother tried to get rid of him by saying that our family was Catholic. His reply, “Catholics need more help than anyone else.” Now, ironically, the leader of Maine Catholics, Bishop Malone, will need a great deal of help from fundamentalists.
In 2009, the bishop also got thousands of dollars from other Catholic bishops across the country to defeat gay marriage. How many homeless shelters and food pantries would that money have created?
Bishops who oppose same-sex marriage deny they are bigots. Nobody wants that label. But why should their “subjective moral values” be imposed on all Mainers? “Let truth and falsehood grapple” is not their motto.
Gay marriage will become law, if not this year, then another year. Many people under the age of 30 not only favor it, they are baffled that it is even an issue.
Many issues today call out for guidance from religious leaders — the plight of immigrants, the gulf between rich and poor and threats to the survival of the species. Ignoring these problems in favor of political campaigns to deny certain citizens the privileges enjoyed by other citizens is a waste of resources for a lost cause.
Margaret Cruikshank is a writer who lives in Corea. She recently retired from the University of Maine.



We need to realize this is about fairness. The reason why this country is the greatest on earth is because we’ve set out to realize, to the fullest potential, what freedom means. We understand that the freedom to believe and live as we desire is something every person should have. While gay marriage only impacts directly a small group of couples and families in this state and country — it is representative of that larger issue, that we live and we let live. There is no harm in bestowing the same freedoms we enjoy onto others — that doesn’t make us less free, instead, it makes us more American.
I am personally anxious for this November when Maine becomes leaders on this fight for freedom, when we are the first state to legalize this by popular vote. I know it will happen because we’re good people, we do the right thing.
The state should not be in the business of marriage. The state should only grant civil unions leaving marriage to the interpretation and sanctification of the individuals and their respective institutions. This however will not satisfy the GBLT crowd as they require “marriage” as a vindication of their lifestyle.
Until then, separate is not equal.
Perhaps, the State should not be in the business of secular, state-issued marriage licenses, but it is. That ship has sailed. And, I agree, it should have been called something other than “marriage,” but it wasn’t. So, we are stuck with what we have. We cannot un-bake that cake.
I am referring above to both straight and same-sex marriages, of course.
With that in mind, then we need to correct the discrimination in the secular, state-issued marriage contract, and remove the same-sex gender restriction so it is fair to all. What the churches wish to call their version of marriage and just who may participate is completely up to them. They do not have a dog in this fight when it comes to secular marriage. I lose no sleep over their decisions.
You are incorrect in your statement that we require the use of “marriage” as a vindication of our lifestyle. Quite to the contrary. We need the word “marriage” as that is the one and only legal word to describe secular marriage. They don’t call it anything else but “marriage.” If all people had church marriages and secular unions, I’d go with unions, but they don’t.
For many legal reasons the legal term “marriage,” must be blind to the gender of the participants in that legal marriage. Any other term is not recognized by every State, the Federal government, or other countries. “Marriage” is. Example: straight couple gets married in Maine and moves to Wyoming. Marriage is recognized everywhere around the world. Gay couple in Maine gets “unioned” and moves to Wyoming. Whoops. No longer a union. Still not recognized by the Feds. Trip to Europe fails to recognize the “unioned” couple.
This is all about legalities. Plain and simple.
It is not about vindication of a lifestyle, neighbor. It is about equal opportunity and a level playing field. Because I cannot claim my same sex partner as a dependent, I pay more in taxes than if I were in a recognized marriage. This is not small potatoes either. That deduction would exempt nearly $4000 a year of our shared income from taxes. to put it simply, I pay higher taxes and receive less benefits. This is at face value inequality.
It is no argument to say the state should not be in the business of marriage as that is not up for debate and not on the ballot. Since the state is in that business and will be for the foreseeable future, that marriage license business must be fair to all. The separation doctrine means not only freedom of religion but also freedom from religion. Religious considerations should not have any bearing at all on secular matters, like the issuance or marriage licenses and the recognition of marriage by the state.
Incorrect, we require that our government extend the benefits and privileges of civil marriage equally, as demanded by the 14th Amendment of our Constitution.
If you want to eliminate civil marriage for everyone, and institute civil unions across the board, I’m fine with that.
After all, we can already have marriage ceremonies in churches everywhere in this country, that is not what is prohibited— it’s the civil marriage license that is at stake here.
Why is it a lifestyle. All scientific and Mental Health professional have stated that it is a normal for m of human bonding. Even the Pope has said that 10% o people are born homosexual. Could you ever have sex with someone of the same sex? No, because you are not gay. What makes you think that people would want to sleep with, and spend their lives with someone of the same sex just because they choose it. Can you choose something like that?
I’m not part of the GBLT crowd but I believe in equality.
“Many people under the age of thirty…..are baffled”, in general (as are many of those of us over 30). But we are not baffled by whether it is an issue. The question is what is it an issue of – the author uses the term privileges, fwteagles says it is about freedom, most posters in these forums suggest it is about rights.
I think it is about government endorsing a concept and backing it up in privilege. Although never, to my knowledge, is the justification noted in the related laws, nearly all the laws are based on the somewhat archaic view of marriage as consisting of a male who provides income while the female bears the children and the responsibility of caring for the children. It is, then, about having children and caring for them – something that the society/government has a stake in.
Gay marriage is only about gaining societal endorsement of a lifestyle and privileges associated with the status.
What is the stake of the society/government in endorsing this lifestyle?
If two gays are committed to partnering to rear children, then society has a stake; however, most gays do not have children, or, if they do, there is another parent already in the picture.
Gays who adopt children should have privileges currently associated with marriage. Whether that be through a separate endorsement, or through current privilege, would be a legitimate question.
Whether the government should be involved in marriage at all is another question as flat-lander suggests.
No, it’s about the 1,100 legal rights and priviledges associated with marriage. You don’t get to pick and choose who gets these benefits without a legitimate reason for exclusion — that’s not American.
How about that the intention of the laws is to apply to people who biologically reproduce together, thereby making gay relationships irrelevant to the intention of the law?
How is that not legitimate?
Doesn’t fly. There is no procreation requisite for marriage. We allow those who can’t reproduce to marry, so it isn’t fair to bar gays.
Marriage licenses are not issued based on ability to procreate.
The only POSSIBLE way that could even rationally be considered valid is if you also deny marriage to all infertile or unwilling straight couples.
Nobody is proposing that.
Procreation is not a requirement for marriage.
If that truly is the intention of the laws, then relationships of straight couples who are unable to or choose not to biologically reproduce together would be irrelevant to the law and denied marriage.
Are straight couples who adopt children rather than biologically reproduce together granted privileges through a separate endorsement or through civil marraige?
What about the hundreds of thousands of children. created by heterosexual unions, who are in fostercare, orphanages, and homeless. Can the homosexual couples adopt them instead of adding to an already overpopulated country.
I can marry a woman I just met and will never see again and enjoy the benefits of marriage (maybe more than in cohabitation). The marriage can be simply one of mutual financial convenience and have nothing to do with procreation. That is sanctioned. Yet, marrying the one person I care for each and every day is against the law.
Also, I can marry after vasectomy. There is no chance of procreation but the license would still be permitted.
Your argument has absolutely no basis in the realities of what constitutes modern marriage.
It isn’t against the law. It is not recognized because your marriage would have nothing to do with the intent.
Oh look, it’s that ridiculously flawed procreation argument again!
– We do not prohibit divorce for married parents
– We do not require a marriage produce a child
– We do not prohibit marriage between infertile couples
More importantly, there are indeed MANY same-sex couples in Maine with children, and prohibiting civil marriage from them does real and demonstrable harm to the children in those relationships— especially in cases where those couples split up and the children are not offered any child support from the departing parent.
Then eliminate all rights and privileges and only use marriage for procreation. If I pass away from a serious disease I want my partner to have the ability to see me through till the end. I want her to have the right to plan my funeral arrangements. I want her to be able to keep the house we share. I want to be that person for her also. Her parent have both passed. i am all she has. I want it legal.
I assume gays wishing to adopt would follow the same rules as straight people. I do not believe society or government should treats the groups differently.
Marriage is only partially about children, and even then only when there are, in fact, children (or at least a pregnancy) present.
What marriage is always about is kinship. Marrying marks the couple as each others’ closest relative, even closer than a parent or a child. And that core function works equally well regardless of what body parts they each happen to have.
In a sense, it’s a relief to see Catholics and fundamentalists getting along better; claims from either group that the other aren’t “real” Christians are relatively rare nowadays.
But, as is too often the case, it seems only to have happened by finding a new common “enemy,” even if they had to manufacture one. (All the more a shame because the old and true enemies such as famine are still around.)
Perhaps one day, even if those groups don’t come to see that it’s not their place to try to control outsiders, they’ll at least see the evil in driving gay people away from their churches, and often even from God.
(And I do mean groups; a significant percentage of individuals even within such organizations already knows this.)
In high School kids that had no place would often come together with their oppressors to choose another weaker person to oppress. I see a pattern.
I can see a few ways you might mean that to apply. If it’s the one I think it is, it shows a misunderstanding. The purpose of church is not to oppose gay people; that’s at most a sideline, which many within would like to be rid of. That doesn’t mean they stay “to choose another weaker person to oppress,” but that they find other, more central aspects to be more important than taking that stand *in that particular way.* There are, after all, other (and ultimately, probably more effective long-term) ways of disagreeing with one out of the many positions an organization you’re involved in than chucking the whole thing.
“freedom to . . . live as we desire is something every person should have” Seriously? With no limits or constraints? Society, through its governance, has always reserved to itself the right to regulate behavior. When we hold that that government is to ”
establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare,” we are automatically accepting the view that “live and let live” is NOT the premiere concern of government. Welfare
You have to articulate why barring gays from the same rights and privileges straight people enjoy is fair then. Obviously there are limits, but you have to have a good reason to create those parameters.
And, I am not seeing any limits that should be applied to one group and not the other.
The SCOTUS ruled back in 1967 that marriage is a civil right.
Nice straw man you’ve got there, but I didn’t see Margaret suggest that society should have NO limits and constraints.
She is just making the obvious point that the limit and constraint on same-sex couples having civil marriage is unjustifiable.
I would like to know why it is sooooo important to the religionists that same-sex marriage be stopped. They didn’t mind legalized pre-marital sex, they didn’t mind legalized adultery, they didn’t mind legalized divorced. The bible forbids all three. Yet when gay people want to participate in what has become more of a secular right than a religious rite, they object. Why?
Why do those who oppose legal same-sex marriage care so much?
They will lose control. Look in history at the Elightenments. They Catholic church is most vehemently opposed. Look at how many Gay priests there are. It is all about power, fear, control, and forcing a red herring to take the focus off of what is really going on.
Thank you for your support. God Bless.
The religionist point of view would make sense if the gay people were demanding a religious thing, like a church wedding. But they aren’t, they are demanding a secular thing, which is a marriage license. Only the state issues marriage licenses; churches don’t. That’s why this is a legal/civil rights issue.
The irony is we don’t need to demand a church wedding, we can already have those— and have been holding marriage ceremonies for decades in Maine.
That is protected by our First Amendment; our government cannot tell a church they cannot hold a marriage ceremony. The only thing our government can do (and currently does in Maine) is prohibit a same-sex couple from getting the civil marriage license.
I don’t think people in the United States even can remotely comprehend what the DOMA law has caused, you cannot even imagine the horrific pain and death that it has caused normal loving same-sex couples, you would be dumbfounded if I shared just two or three stories about this with you. I know, because we are one of them. Thankfully it hasn’t killed us yet, but sadly I know of others it has. Continue deportating your gay refugees America, simply because they are ‘gay’ and married, continue tearing families apart that have been legally together for over 20 years because they are gay and married to a citizen of the same-sex. When will you wake up and learn what devastation you are causing? “home of brave and land of the free” yeah right!
I don’t think people in the United States even can remotely comprehend what the DOMA law has caused, you cannot even imagine the horrific pain and death that it has caused normal loving same-sex couples, you would be dumbfounded if I shared just two or three stories about this with you. I know, because we are one of them. Thankfully it hasn’t killed us yet, but sadly I know of others it has. Continue deportating your gay refugees America, simply because they are ‘gay’ and married, continue tearing families apart that have been legally together for over 20 years because they are gay and married to a citizen of the same-sex. When will you wake up and learn what devastation you are causing? “home of brave and land of the free” yeah right!
Great editorial, Margaret!
As I have said many times, we are yet one more group who has seen the promise of our Constitution, and requested the same equal treatment under the law that other groups have sought in the past.
And just as before, there are people who point to this new group and claim that extending freedoms and equality to them would harm America.
We will eventually be victorious, just as other groups in the past have been. And our nation will not be harmed, in fact our nation will be better upholding the promises and demands our Constitution makes of us.
I look forward to the day that I can marry my partner here in Maine. I hope it is this year!
First off thank you for writing this article! I moved here when I was a child, and I stay in Maine because Mainers are good people, the kind of people I want as neighbors and we want for our children’s future. I beleive that Mainers will do the right thing by saying yes to gay marriage! I am a social worker and my partner of 8 years, a high school teacher. We have devoted our lives to helping children and being a part of our community. I can only hope that in November we will finally have the validation from our neighbors in this state, that we are a valued part of this community. We love Maine and want our children to grow up in a happy and safe environment, we want our children to be able to say their parents are married. Please help protect our family as well as that of thousands of other gay families in Maine (remember we are your neighbors, teachers, social workers, doctors, lawyers etc…..you may not know it but we are a part of your life too!)
No reason will persuade an opponent of gay marriage to change their mind because they have no reason to oppose it. No discussion is possible. So just get out every supporter of basic human rights this November.
I shall not accord the Bishop’s remarks with any deference. He is the spokesman for a church which has slaughtered millions in Crusades and Inquisitions because they would not accept its dogma. It has raped thousands of our young girls and boys and the bishop has no right to engage in a discussion of our civil law!!!!Historically, his church has resisted every advance of humanity….surgery, astronomy,vaccination,evolution and contraception, to name a few, and some of the proponents of these advances were literally burned at the stake. His church can make all kinds of rules for its members and he is free to bar his church door to those whom he chooses. But he has no right to bar the door to our courthouses!
Tolerance, Tolerance, Tolerance, etc., etc., just keep saying the magic word.
Homosexuals just want to take advantage of all the Entitlement$ that other non-contributers to society *Think* are their Right to have and to Hold.
The Real problem here is that *You* believe that you’re being left out of All the FREE lunches that BIG GOV’T is passing out to the underprivileged and not getting you piece of the pie’
Most all of the Major Issues voted on in this day and age are solved with one sweep of the brush…
Show Me The MONEY !!
YOU are Not a Minority,,,
I AM a minority white heterosexual taxpaying middle working class wife stay at home with the kids Constitutional/Bill of Rights God Guns & Guts Ford driving provider to MY family not asking for FREEBIES Proud to be American Flag Waving Man !
Peace & Love, 357magman