In the state of Oklahoma, there are political, social, and legal barriers that restrict gay marriage within the state boundaries. In pursuing the “American Dream”, gay marriage is a natural right given to every human living his or her life in this country. Natural, inalienable, rights provide a way of life in which eternal love is an example of life, liberty, and the pursuit of happiness. I believe that Gays, Lesbians, Bisexuals, and Transsexuals should be granted the right to marry.
As passive as the James Madison: Checks and Balances system has become, the federalist relationship became significantly close between national and state governments on the subject of gay marriage. The anti-gay activists of Oklahoma took several legislative measures to restrict same sex unions. These activities take three basic forms: State constitutional amendments, marriage statutes, and non-binding resolutions (Peterson 2-3). Oklahoma’s most potent way of restricting these unions was to adopt a non-binding resolution that is named DOMA (Defense of Marriage Act). DOMA is a resolution that “bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere”(Peterson 3).
In November 2004, Oklahoma legislators held an election that would decide their concrete position on whether gay marriage is constitutional or not. 58% of the legislators voted to amend the constitution so that it is implied that a civil union (marriage) consists of members of the opposite sex. Most of the Republican legislators kept with the expected conservative view, but surprisingly, more Democratic legislators voted on the conservative end than was expected. As it stands, the majority has deduced that when the constitution was written, it was clear that the institution of marriage includes one man and one woman.
Our legislators are considered to represent how “we the people” think and feel about particular issues. In the case of same-sex marriage, these legislators seem to have missed the mark on what American people consider the institution of marriage. Constitutional interpretation has been limiting to many serious subject matters; in this case the subject of marriage. Although written in a very conservative time by very conservative men, most read and interpret the constitution with a more forward or progressive approach. Gone are the days that the term relationship brings to mind a man and a woman. In the same sense, in the not-so-distant past, marriage now raises the question man and woman, two men, or two women? When this new age of thinkers considers the guidelines of the Constitution, the thought is that when it was written, it was written considering all people in all situations, not just what represents the norm. The Civil Rights Movement is now being used as a basis to advocate for gay marriage. Civil rights is not to only be utilized to advance African-Americans to equality, but also for any American that feels that they are being...