Thomas B. Stoddard "Gay Marriages: Make Them Legal"

Marriage is universally understood to be the legal union between a man and a woman. This acknowledgement, however, has recently generated dispute and controversy in certain individuals, primarily homosexuals and supporters of homosexual marriages. This opposition, due to this mainstream view, exists because certain states such as Minnesota deny same-sex marriages.

In Thomas B. Stoddard's article "Gay Marriages: Make Them Legal," Stoddard begins by defending homosexual marriages through partners, Karen Thompson and Sharon Kowalski. Both women were denied a legalized nuptial by the state of Minnesota even though they resided together and exchanged vows. On November 13, 1983, Kowalski was severely injured by an intoxicated driver and was inflicted with a coma. Kowalski's parents opposed Thompson's petition that she have custody over her companion. Thompson was furthermore forbidden all contact with Kowalski. Only after Kowalski had regained conscience was Thompson permitted to visit. Here, Stoddard appeals to his audience on an emotional level. A feeling of compassion, pity, and understanding is realized through the injustice and unfairness Thompson and Kowalski had to endure. Their account, however, provides little relevance in advocating same-sex marriages because their circumstance is exceptionally unique. Good laws are apt to harm some people and such was the case with these women.

Stoddard claims that "the decision whether or not to marry belongs properly to individuals and not the government" and that "government has no legitimate interest in how love is expressed." In certain situations, however, marriage requires governmental regulation. Marriage is a vital component in the foundation of a healthy and productive society. Thus, it is the duty of the government to protect that foundation rather than defend the expression of love. Stoddard's commentary does not fully present an adequate assertion. Stoddard quotes, "...history alone cannot sanctify injustice. If tradition were the only measure, most states would still limit matrimony to partners of the same race." The Supreme Court has since then ruled miscegenation statutes unconstitutional and they have rightly so declared it unlawful. Marriage is a ceremonious and cultural occasion. It encompasses traditions that date back hundreds of years. Hence the antiquity of marriage would characterize it apart of our society's history and tradition. Accordingly, marriage "alone cannot sanctify" gay marriages.

Stoddard briefly points out that "marriage is not fundamentally a procreative unit" because a number of heterosexual couples that are united in marriage have no intention of raising a family and are incapable of having children. Heterosexual marriages in general, however, provide social stability to the economy because the union between a man and a woman has the potential to bear offspring. Stoddard also states that presently "all 50 states deny that choice [the decision whether or not to marry] to millions of gay and lesbian Americans." Firstly, in the case of Baehr vs. Miike,