Letter to the Editor, 2006

The Very Soul of What it Means to be an American
by Heather Ferguson

Having passed the Minnesota House of Representatives, pressure is increasing on state senators to allow an amendment to the Minnesota Constitution denying legal recognition for same-gender couples and for all unmarried couples to go before voters. Commonly, but inaccurately called the “Defense of Marriage” Amendment, Senate File 1691 does nothing to defend, strengthen, or preserve marriage. Instead it threatens to be the first ever use of the Minnesota State Constitution to deny civil rights.

Even for people who oppose marriage for gay or lesbian couples, this constitutional amendment goes too far. Senate File 1691 would make unconstitutional not only the civil protections of marriage but also domestic partner benefits and civil unions. It would actually erase rights and protections that Minnesota families currently have. Similar amendments passed in 11 states in November 2004—with worrisome consequences:

• five publicly supported colleges in Ohio and the University of Toledo stopped offering domestic partner benefits to employees.
• also in Ohio, a public defender is asking a judge to dismiss domestic violence charges against unmarried defendants.
• in Utah, a man has filed suit claiming the new constitutional amendment invalidates a restraining order taken out against him by his ex-girlfriend.
• in Michigan, the Governor has ordered domestic partner benefits to be removed from contracts that were being negotiated for state workers.

Minnesota Senate File 1691 is cruelty posing as morality. It is anti-family because it threatens access to health insurance, hospital visitation, medical power of attorney, and other legal protections for thousands of Minnesota families. Worse, the most vocal advocates of the constitutional amendment claim to do so with religious justification. For many the invocation of religion seems to end any further conversation. As though being religious in a particular fashion is the only proper way to be American. I feel differently. The National Religious Leadership Roundtable, a broad religious coalition including Baptists, Quakers, Jews, Lutherans, Presbyterians, and United Church of Christ does as well. It notes that while anti-gay views are often perpetuated by churches, families, and religious leaders, scholars in every major religion have presented genuine alternatives to Scriptural readings and religious traditions that have been assumed to be anti-gay. Given the divergence of religious opinion on GLBT people, continued belief in anti-gay teachings is a choice. The NRLR believes it is a poor choice, asserting, “It is not the task of our government to enshrine in our laws the religious point of view of any one faith. Rather, our government should dedicate itself to protecting the rights of all citizens and all faiths.”

Seeking sources of hope for the well being of my family and my future as a Minnesotan, I was inspired by Canadian Prime Minister Paul Martin’s statement on same-sex legislation delivered in Parliament on February 16, 2005: “To those who oppose the protection of rights for same-sex couples, I ask you: if a prime minister and a national government are willing to take away the rights of one group, what is to say that they will stop at that? If the Charter is not there today to protect the rights of one minority, then how can we as a nation of minorities ever hope, ever believe, ever trust that it will be there to protect us tomorrow? When we as a nation protect minority rights, we are protecting our multicultural nature. We are reinforcing the Canada we value. We are saying, proudly and unflinchingly, that defending rights – not just those that happen to apply to us, not just that everyone approves of, but all fundamental rights – is at the very soul of what it means to be a Canadian.”

Ensuring equal protection under the law and safeguarding basic rights are at the very soul of what it means to be an American. Carefully consider the harm this amendment will cause to Minnesota families. The Minnesota State Constitution has never before been used to discriminate. Engage thoughtfully in dialogue about the future of Minnesota. And when you do, please remember me and my family.

Heather Ferguson, a St. Olaf alumna and 15 year staff member serves the college as Senior Recording Engineer. She volunteers with the Faith Family Fairness Alliance to raise the voice of faith communities on behalf of GLBT Minnesotans.