Same-Sex Marriage: North Carolina, President Obama and Voters

Same-Sex Marriage: North Carolina, President Obama and Voters

National polls show growing public acceptance of same-sex marriage. Voters in North Carolina are the latest to weigh in. Politics and the definition of marriage.

North Carolina voters overwhelmingly approved an amendment to ban same-sex marriage and civil unions. Turnout was moderate but a half-million people had cast early ballots. Ahead of the vote, both sides waged intensive lobbying efforts. Former President Bill Clinton came out against the measure. The Rev. Billy Graham supported it. North Carolina is now the 30th state to approve putting a ban on same-sex marriage in their state constitution. But polls show a growing number of Americans support same-sex marriage. Support is higher among younger people. Publicly, President Obama has remained on the fence. Diane and her guests talk about the politics of defining the term "marriage."

Guests

Brian Brown

president, National Organization for Marriage; executive committee member, Vote for Marriage North Carolina.

Michael Cole-Schwartz

communications director, Human Rights Campaign.

Michael Dimock

associate director, Pew Research Center for the People and the Press.

Maggie Gallagher

president, Institute for Marriage and Public Policy; editor, www.MarriageDebate.com; head of the Culture War Victory Fund; author of the forthcoming book "Debating Same-sex Marriage."

Comments

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Ironically enough, the anti-democratic character of a belief in fundamental rights---that is, the idea that people have certain rights no matter how many people think they don't---is a basic reason to have a written, hard-to-alter, Constitution in the first place.

I think this issue will eventually be struck-down by a Supreme Court made up of people now young, which group overwhelmingly, conservative or liberal, don't see a problem with gay marriage. Of course, 20-30% of the populace will be very irritated, just as the same fraction (and largely, I should hazard, the same people) are very irritated by interracial marriage and women speaking up in church and wearing pants.

May 9, 2012 - 1:00 pm

Thank you for having such an informative and civil discussion on this controversial issue. So seldom do you have a chance to hear opposing views on this issue where all parties are respectful and allow the listener to hear both sides of the issue. I am always impressed with your show it is one of the few places where I feel I can hear both sides of an issue fairly and respectfully. Thank You!

May 9, 2012 - 1:09 pm

Thank you for having such an informative and civil discussion on this controversial issue. So seldom do you have a chance to hear opposing views on this issue where all parties are respectful and allow the listener to hear both sides of the issue. I am always impressed with your show it is one of the few places where I feel I can hear both sides of an issue fairly and respectfully. Thank You!

May 9, 2012 - 1:09 pm

While this issue is split at the state level; Canada, Mexico, almost all of Western Europe, Australia, New Zealand, Argentina, Brazil, Columbia, Ecuador, and South Africa, to name a few countries, all recognize same sex marriage at some level.

Much like the death penalty and other human rights issues, our country is backwards compared to the rest of the developed democracies.

Considering that anti sodomy laws were on the books in many (mostly southern) states until the Supreme Court struck them down (in 2003!) that makes us more like Saudia Arabia, Iran and Pakistan, which still outlaw homosexual acts.

It is 2012, people. Why is our country still so backward and ruled by bigotry?

I am sorry, but if you are against gay marriage you are a bigot. If you don't like gay marriage don't have one. Your children are not going to turn gay just because it is an option. It doesn't work like that. Marriage is a civil right with serious legal consequences and it should be protected at the federal level. Marriage is a legal and civil institution. It has nothing to do with religion and religion should not influence civil rights. We should not create a special type of marriage just for gay people because some are concerned with semantics. Why don't you change what you call your religious institution? Marriage for all, Matrimony for straights only.

I am straight but I am in an interracial relationship which was illegal in some states until 1967. These issues seems uncannily similar to me. Once again, why is our country so backwards and bigoted?

"The mind of a bigot is like the pupil of the eye; the more light you pour upon it, the more it will contract."
-Oliver Wendell Holmes, Sr.

May 9, 2012 - 1:27 pm

What happened to the separation of church and state? We are talking about religious views restricting freedom in this country. I do not want to be ruled by any churches views and our founding fathers did not want us to be either!

Homosexuality is not illegal anywhere in the US so why cannot two people be married if they want. We would not make it illegal for blacks and whites to be married.

Individual churches should make their own form of "unions" that they can restrict as they like, but they need to get out of governing.

May 9, 2012 - 1:38 pm

The results are a joke. 4.4 million voted in the 2008 election, only 2.1 million North Carolinians came out for this conservative hate mongering fiasco. November results would have been considerably different, and these laws will be gone in the next 5 years, the xenophobes are becoming extinct.

May 9, 2012 - 2:02 pm

Why, in modern America 2012, do we allow people to legislatively discriminate against one another? I hope President Obama soon "evolves all the way", along with the Supreme Court, to give all adult citizens the right to marry one another on a federal level. I am a married, heterosexual woman and mother, and I am ashamed this bigotry against same sex couples still exists. I will countinue to fight for equal rights for all people.

May 9, 2012 - 2:05 pm

Simple solution: Outlaw marriage, making any legal relationship a civil union. Marriage could then be returned to its sacramental roots.

May 9, 2012 - 2:24 pm

Why don't we just ban state marriages for everyone who doesn't believe in the religions that have "defined" it. There has to be a better way for legislators to spend their time.

May 9, 2012 - 2:32 pm

The argument that heterosexual marriage creates some wonderland for children is patently specious as evidenced by the divorce rate, issues in blending families, and existence of domestic violence. It also insults and demeans single-parent households occurring through death, appropriate divorce, or choice. This heterosexual marriage argument is no more than wistful yearning for an imagined past--living 1950's family sitcoms; a historically-developed facade masking human sexual proclivities and basic survival needs. (Consider arranged marriages.) Heterosexual marriage guarantees nothing. If the will of the majority outstrips what's right, then we're in deep trouble. When some can be discriminated against then any can be ...and will be. I thought we all learned better in grade school.

May 9, 2012 - 3:16 pm

Unfortunately the argument in NC wasthat an amendment was necessary to prevent judicial action that could overturn the existing statute barring gay marriage. Since judges are elected in this state it was my argument that if you don't trust your state judges then you should elect new ones rather than use the state constitution. I voted against the amendment

May 9, 2012 - 4:29 pm

Unfortunately the argument in NC wasthat an amendment was necessary to prevent judicial action that could overturn the existing statute barring gay marriage. Since judges are elected in this state it was my argument that if you don't trust your state judges then you should elect new ones rather than use the state constitution. I voted against the amendment

May 9, 2012 - 4:29 pm

Unfortunately the argument in NC wasthat an amendment was necessary to prevent judicial action that could overturn the existing statute barring gay marriage. Since judges are elected in this state it was my argument that if you don't trust your state judges then you should elect new ones rather than use the state constitution. I voted against the amendment

May 9, 2012 - 4:30 pm

Unfortunately the argument in NC wasthat an amendment was necessary to prevent judicial action that could overturn the existing statute barring gay marriage. Since judges are elected in this state it was my argument that if you don't trust your state judges then you should elect new ones rather than use the state constitution. I voted against the amendment

May 9, 2012 - 4:30 pm

There is a lot of data strongly suggesting that the development of sexual orientation is biological. However, there cold be multiple biological causes and reasons, which makes sense since the brain is complex in structure with some functions "scattered" across a couple of different areas. A good start to understanding the topic is at :

http://en.wikipedia.org/wiki/Biology_and_sexual_orientation

A sample of what has been discovered about the biological basis of the development of sexual orientation from the scientific literature:

'A 2010 study stated: "The fetal brain develops during the intrauterine period in the male direction through a direct action of testosterone on the developing nerve cells, or in the female direction through the absence of this hormone surge. In this way, our gender identity (the conviction of belonging to the male or female gender) and sexual orientation are programmed or organized into our brain structures when we are still in the womb. There is no indication that social environment after birth has an effect on gender identity or sexual orientation."[33]

33 ^ Garcia-Falgueras A, Swaab DF (2010). "Sexual Hormones and the Brain: An Essential Alliance for Sexual Identity and Sexual Orientation". Endocr Dev. Endocrine Development 17: 22–35. doi:10.1159/000262525. ISBN 978-3-8055-9302-1. PMID 19955753.'

It seems there is little to support the idea sexual orientation is based in psychological development and nothing to suggest it is "a lifestyle choice". That means for e, i am heterosexual because my biology dictated I am heterosexual, not because I made some type of choice, moral or otherwise!

Best wishes,

Steve Edinger

May 9, 2012 - 4:54 pm

Dear Pmcclurejr,

Please try this as a starting point for the "hard scientific studies" about the biological basis for the development of sexual orientation, and it turns out that it is not just gays being born that way, but also heterosexuals being born that way! I think you may find it quite interesting. The article references specific scientific studies, where you can get the data in peer reviewed publications to read for yourself.

http://en.wikipedia.org/wiki/Biology_and_sexual_orientation

May 9, 2012 - 5:04 pm

Dear Heidi Smith,

Marriage is common to all (or certainly almost all) human societies. Marriage is not just Biblically based, or only the province of the Bible or even the monotheistic religions. Marriage was part of many, many societies that have never heard of the Bible.

There are many churches my wife and I could not have been married in because we are not members, or because we do not share the beliefs of those churches, or because both of us have been divorced. That's fine. Those churches are exercising their "free exercise" of religion not marrying us in their churches. But those churches are NOT free to tell the rest of the country, "And nobody else can marry the two of you either!" That is both discrimination AND imposing a state religion without naming it as such. The same is true for gay folks. If those churches don't want to marry gay folks, that is their free exercise of religion. But those churches have no right to say, "And nobody else can let gay folks get married either!" It is both discrimination and the defacto establishment of a religious practice by the state, violating the establishment clause. Religious beliefs are the only reason for denying gays the right to marry.

May 9, 2012 - 5:20 pm

I've never signed into a service to comment like this before, but I felt strongly enough after today's broadcast to do so. The piece on "Same-Sex Marriage" began with Mr. Brian Brown of the National Organization for Marriage. Mr. Brown had more than twelve minute of time to push an anti-gay marriage agenda, followed by a discussion between three more contributors of varying opinions over the next 45 minutes. I think it's outrageous to give pundits like Mr. Brown a national forum to spread their poisonous agenda - never mind that Diane made an attempt to poke his arguments full of holes. This is no different than giving white supremacists a national platform to push their hateful racist agendas - giving balance to two sides of an issue is not ethically or journalistically responsible when one of those sides is morally repugnant.

May 9, 2012 - 7:32 pm

I see the new Obama/democrat road side bomb for another divisive issue has been planted. As a libertarian I say freedom is always good when it comes to personal rights. The problem is how easily you fools are played by a sinister president. Anything to get votes!

May 9, 2012 - 9:40 pm

Here in NC, churches were telling their members to vote yes to support the marriage amendment. A friend of mine walked out of St. Leo’s service after the priest issued such a request.
At one time, NC did not allow marriage of blacks and whites, or certain sexual acts and this was justified by religious beliefs - the bible - certainly not bigotry - right? It seems too many churches are still teaching prejudice instead of religious tolerance & social justice. AND your guest was incorrect when she said that the marriage amendment could not be compared to NC law against black and white marriage. NC is now limiting the freedoms and rights for those who are not heterosexual.

May 9, 2012 - 10:11 pm

Thank you for your statement. Yes, I think NPR and Diane should be balanced in presentation but I am noticing that far too often lately that an attempt at being balanced is certainly not balanced at all.

May 9, 2012 - 10:17 pm

"North Carolina voters overwhelmingly approved an amendment to ban same-sex marriage and civil unions. "

Correction, while the margin was "overwhelming", the number of North Carolina voters who approved it wasn't. In fact only 34% of the registered voters participated, which means the amendment passed by about 20% of qualified voters.

To put this in perspective: to pass an amendment to the U.S. Constitution requires a two-third vote by each house of Congress (290 Representative and 67 Senators), followed by ratification by majority vote of three-fourths of the States (38). If North Carolina followed those rules this Amendment wouldn't even have come close!

The hypocrisy in all this is that Republi-Cons support this exercise in direct democracy, the very thing they normally condemn by crying "America is a republic, not a democracy". But then, expecting consistency from the GOP is a fool's errand.

May 10, 2012 - 3:02 am
May 10, 2012 - 3:03 am

mnemecek on May 9, 2012 @ 7:57 am wrote: “. . . a major concern of these folks is that they do not want to have their children raised in an environment that makes homosexuality a normal situation.”

So what? There are plenty of people who don’t want their children “raised in an environment” that makes Black equality “a normal situation”. Should we repeal the Civil Rights Acts? There are also plenty that don’t want their children “raised in an environment” that makes religious freedom (or even toleration) to be “a normal situation”. Shall we repeal the First and Fourteenth Amendments?

“The counter to that is that in the eyes of the federal government, sexual orientation is not a protected class so it is perfectly legal to discriminate both personally and professionally on that basis alone.”

- So what, again? I’m not arguing that there is a constitutional right to gay marriage. In fact, I don’t believe there is, though there may be a constitutional right against Amendments like this one that impose a disability on one particular group. See, Romer v. Evans, 517 U.S. 620 (1996).

The issue I am raising is simply one of public policy, not constitutional law: there are no valid reasons to oppose gay marriage, just a collection of phony arguments and false statements.

May 10, 2012 - 3:14 am

Patsy Nomore on May 9, 2012 @ 8:32 am wrote: “I don`t understand this law. If you must vote to change the Constitution to limit marriage,it means to me,it is,or was, legal to wed before these votes took place.So why aren`t they allowed their Constitutional rights?”

The answer is that we have legal rights that are not derived from a constitution (Federal or State), but are the product of either statutes (enacted by the legislative branch of government), or by judicial decisions. By writing this into its State Constitution, North Carolina prevents the normal process of legislation from being used to legalize gay marriage - something North Carolina hadn’t done, and now can’t. Only another change in its constitution can grant such rights.

May 10, 2012 - 3:20 am

meangreen on May 9, 2012 @ 8:39 am wrote: “Companionship marriage has nothing to do with gay marriage as you stated the Catholic Church stated.”

As ususal, you excel in missing the point. In “olden days” marriages were largely based on materialistic concerns: wealth, political standing, alliances, and (yes) procreation (but only in the sense of a breeding farm). The Church championed the idea of companionship: marriage for love.

Yet, now the Church wants to limit that concept to heterosexual love, but can it truly be done? Do you really deny that gay people have the same need for love and companionship as straight people? Or do you contend that only heterosexuals should be allowed to exercise their inalienable right to “the pursuit of happiness” by marrying for love?

When faced with that dilemma the Church suddenly abandons the idea that love makes a marriage (or, at least, tries to downplay it).

It’s a little like those Founders (Patrick Henry was one) who believed there should be no religious test for public office, except a requirement that one believe in Jesus. He didn’t get his way. Why? Because a majority of the Founders recognized that for religious freedom to truly be a matter of principle it must be universal. Religious freedom only for the “approved” faith isn’t freedom at all.

Similarly, to argue for the principle of companionate marriage for one group of people, but deny it to another, is a denial of the principle.

May 10, 2012 - 3:32 am

mnemecek on May 9, 2012 @ 8:44 am wrote: “The lack of proctection on the federal level has been upheld by the supreme court a few times in the past, where they cited that Race, Nationality, Gender... are things that are "an innate, indisputable characteristic" and sexual orientation does not meet that criteria(I'm paraphrasing this last part)”

You’re also confusing Supreme Court decisions applying the Equal Protection Clause of the Fourteenth Amendment with the public policy question of whether gays should have the equal right to marry. Those are two distinctly different things.

I am a Jew. That is hardly "an innate, indisputable characteristic". I can convert whenever I want. Yet we have laws that protect me from discrimination: statutory laws, not constitutional law. The U.S. Constitution establishes the bare minimum of our rights, but legislation can and does grant us more.

(Oh, and just for completeness: governments can’t discriminate against me because of the First Amendment, but discrimination by private individuals is only prohibited because of civil rights statutes.)

May 10, 2012 - 3:40 am

moriel on May 9, 2012 @ 9:04 am wrote: “I have never heard a gay marriage advocate explicitly deal with this question: Every year, on Yom Kippur, Jews read a section of the Torah that deals with forbidden sexual relations. . . .”

Too easy.

First, the Torah is only binding on Jews, and even Jewish Law states that it must be subservient to the civil law of the nation Jews are living in. So, if a State authorizes gay marriage, that takes precedent.

Second, we don’t live in a theocracy. The Constitution forbids laws “respecting an establishment of religion, or prohibiting the free exercise thereof”. There are plenty of religions which have no problem with gay marriage, and some that support it. (Reform Judaism and the United Church of Christ being two.) North Carolina has just infringed the religious freedom of members of those faiths.

So, unless you want laws banning cotton/polyester blends, forbidding the consumption of pork or shell fish, requiring the death penalty for working on the Jewish Sabbath, and mandating our military commit war crimes and genocide (it’s in the Bible, look it up), then the only “logical position” is to recognize that Biblical morality cannot be imposed by the government, and leave the question between each of us and our god (or gods).

May 10, 2012 - 3:49 am

JSawyer on May 9, 2012 @ 10:41 am wrote: “. . . .imagine how that constitutional issue ‘all people being created equal’ would get spun....”

Sorry, that’s not in the Constitution. You’re paraphrasing the Declaration of Independence.

(The Constitution does talk about “equal protection” of the law, but that’s another matter.)

May 10, 2012 - 3:52 am

Sheron Fraser B... on May 9, 2012 @ 10:15 am wrote: “The North Carolina law is a backlash against a massive reach beyond rights to cultural hegemony by those fighting for gay marriage over and above the recognition of civil unions. . . .”

Hogwash!

First, you obviously don’t even know what the word “hegemony” means. It refers to predominate power of one nation over another, and thus doesn’t apply.

Second, you might just as well argue that civil rights laws constitute “hegemony” by Blacks over Whites, or the laws forbidding religious discrimination are “hegemony” by non-Christians over Christians.

“cultural history defines marriage, as a religious institution and between a man and a woman.”

- Really? Then what do we do with people who were married in completely civil ceremonies, or married atheists?

America is not a theocracy. While we should have no laws which prohibit people from freely exercising their religious beliefs, neither should we have any laws which impose those beliefs on others. North Carolina just violated that principle.

(Oh, and in case it escaped your notice, the State also rejected your precious "middle ground" and banned Civil Unions. Now there's an example of "hegemony"!)

May 10, 2012 - 4:02 am

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