New advancements in same-sex marriage debate, Idahoans weigh in
When the 9th Circuit Court struck down the Idaho same-sex marriage ban early last month, Moscow local Mac McCabe said he wasn’t surprised — just disappointed.
“A state decides to put an initiative to the voters to define in its state constitution that marriage is between one man and one woman, which passes,” McCabe said. “Then a Circuit Court rules the vote of the people unconstitutional … therefore, same-sex marriage is allowed?”
Though the 9th Circuit Court decision was hailed as a victory by members of the LGBT community and its supporters, a vast number of voters — including a majority of Idaho’s politically conservative constituency — are apprehensive about the implications same-sex marriage might have.
This contention was illustrated last week when the 6th Circuit Court of Appeals upheld same-sex marriage bans in Michigan, Kentucky, Ohio and Tennessee. Of the circuit courts to weigh in on the issue, this decision was the first to uphold the bans.
“Basically, (the 6th Circuit Court) found that (the states) have historically had the authority to define marriage, including who can marry,” said Shaakirrah Sanders, a University of Idaho law professor. “The reasoning here was that promoting responsible procreation and child rearing were sufficient to uphold the ban.”
The 5th, 8th and 11th Circuit Courts have yet to officially address the issue. But with the most recent circuit court ruling causing what legal scholars call a “circuit split,” Sanders said it is very likely the Supreme Court will hear the issue — maybe as early as June.
For some, a ruling to legalize same-sex marriage nationwide would be a good change.
“Obviously, each district has their own ability to make their own decisions based on what those judges feel is the interpretation of the law,” said Julia Keleher, UI LGBTQA Office Director. “That said, marriage should be a right given to all people in our country, and it should be regardless of who you love — I hope the Supreme Court will make the final, overarching decision to ensure equality is passed on.”
But McCabe said this isn’t an issue to be taken lightly — when considering marriage, he said the best solution is to stick to what works.
“As far as I am concerned, personally, gays and lesbians have a right in this country to live as they please,” he said. “They don’t have the right, however, to redefine marriage for the rest of us.”
McCabe is a member of Messiah Lutheran Church based out of Seattle, where Senior Pastor Ernie Lassman lives and works.
Lassman said while homosexuality is a sin, it’s no more extraordinary than any other sin, such as alcoholism or pre-marital sex. According to him, members of the church have come forward to repent and seek forgiveness for their homosexual desires, and they have been welcomed and forgiven, just as they would be forgiven for any wrongdoing for which they were remorseful.
Lassman said it’s the individuals who refuse to seek forgiveness who worry him. He warned that while society may not see immediate consequences, there would certainly be societal implications that come with redefining an institution as old as marriage.
“Although we know homosexuality is known in other cultures, to the best of my knowledge, no culture has had what we call gay marriage,” Lassman said. “They knew homosexuality, and they practiced it, but that was outside the confines of marriage. We’re really breaking new ground historically speaking, and only time will tell since it’s a new innovation.”
In Moscow, where the LGBT community is prominent and close-knit, many local Republicans are happy to call gay men and lesbian women their friends, neighbors and co-workers, said Latah County GOP Chairman Thomas Lawford.
Even so, Lawford said same-sex marriage is not an issue at the forefront of his political agenda.
“For most people, it’s something private,” he said. “There are not heterosexual sex parades down Main Street saying, ‘I have heterosexual sex with my wife. Like, I assume you do.’ I’m real happy for you, but I’ve got to get back to work on issues that affect the whole community, like water quality, or air quality, or resource availability — it just doesn’t seem like it should be that high of a priority.”
Lawford said the National Republican Party is concerned with issues like tax rates and protecting U.S. borders, and same-sex marriage is not necessarily what his party is about.
“I love these people,” Lawford said. “We’re not against people. We’re not against anybody — race, religion, creed, sexual orientation, we’re all for them, but when it comes to legalized marriage status, I’m not interested.”
When it comes down to it, many Idahoans can agree with McCabe when he says all he wants to see is a better future for his children.
“I see an increasingly divided society that is so entrenched in their sociopolitical ideologies they are entirely incapable of working together to follow in the steps of our ancestors by leaving things a little better than they were before,” McCabe said. “So, why don’t I just ‘go along to get along?’ Well, any logical-minded individual can see the flaw in this thinking — it is a self-defeating logical fallacy.”
Hannah Shirley can be reached at [email protected]