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SB 427: NH DOMA legislation

By apt81@yahoo.com
On February 23, 2004

To The Editor:

I am writing to voice opposition to SB 427, which aims to define marriage as a union between a man and a woman and also to ban recognition of same-sex marriages performed in other states. Ihope the students at PSU will join me.

First, let me state that I am disappointed that the state known as the "Live Free or Die" state would make such a blatant attempt to mandate the personal lives of its citizens. This hardly seems to match the intent of the motto. Let us not forget the Declaration of Independence which states that we "are endowed by [our] Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." This bill denies homosexual and transgendered people these unalienable rights.

Please allow me to make my case with several points.

The Gender Issue:Paragraph III of SB 427 reads that marriage is "only a legal union between one man and one woman as husband and wife." While this may seem to be a logical approach, I ask you this: what of those people born naturally transgendered? This will prevent those born as gender-neutral or hermaphrodites from engaging in the act of marriage simply because of natural birth peculiarities. According to LegalDefinitions.com (http://www.legal-definitions.com/discriminination.htm), "discrimination is defined as treating one person unfairly over another according to factors unrelated to their ability or potential, such as age, disability, sex, or national origin." I propose that this paragraph is clearly discriminatory.

A quote from the Union Leader comes to mind. The article stated, "[supporters] argued that traditional marriage between a man and a woman has been natural law for at least 2,000 years and this nation's law for more than 200 years." This couldn't be farther from the truth.

It is a well documented fact that Native Americans have a long-standing tradition of openly accepted homosexual and transgendered people. One example would be the "winktes" of the Lakota (Sioux) nation. I offer this excerpt from "The World History of Male Love" (http://www.androphile.org/preview/Culture/NativeAmerica/amerindian.htm):

"Terry Calling Eagle, a Lakota man, recounts: 'Winktes have to be born that way. People know that a person is going to become a winkte very early in his life. At about age twelve parents will take him to a ceremony to communicate with past winktes who had power, to verify if it is just a phase or a permanent thing for his lifetime. If the proper vision takes place, and communication with a past winkte is established, then everybody accepts him as a winkte.' "

Winktes and such gender roles in other Native American nations are not expected to marry the opposite gender. It is traditionally accepted that they will marry their own gender, and that such a union has benefits just as any other marriage.

The Religion Issue:I read another disturbing quote in the Union Leader today. Former Senator Gary Francoeur said, "Marriage is a vow between a man, a woman and God. God created the first marriage between Adam and Eve, not Adam and Steve." I find this to be offensive and no basis for law. Let me remind you of our Bill of Rights, as guaranteed by the Constitution of the United States of America, specifically the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." We are a government that is supposed to maintain a separation of church and state. Mr. Francoeur is clearly seeking to integrate the two, and I fear that his sentiment is not unmatched in those originating this bill, including our local state Senator, Mr. Carl Johnson.

Native American nations have long accepted transgendered and homosexual people as receiving a special blessing. In many spiritual ceremonies, only certain tasks could be completed by transgendered or homosexual people. Claire R. Farrer found this to be true and stated, "Multigendered adult people at Mescalero are usually presumed to be people of power. Because they have both maleness and femaleness totally entwined in one body, they are known to be able to 'see' with the eyes of both proper men and proper women. They are often called upon to be healers, or mediators, or interpreters of dreams, or expected to become singers or others whose lives are devoted to the welfare of the group. If they do extraordinary things in any aspect of life, it is assumed that they have the license and power to do so and, therefore, they are not questioned."

Additionally, the Theravada Buddhist believe that all relationships, regardless of sexual orientation, are "personal matters of mutual consent." Religioustolerance.org offers this statement: "If a relationship promotes the happiness and well-being of both parties, then it is positive and acceptable. Many Buddhists believe that sexual orientation is beyond a person's control, as are race and gender. They feel that gays and lesbians should have the same civil rights and benefits as do all other persons."

In 1984, the Unitarian Universalists officially recognized committed same-sex relationships and allowed for ceremonies of union for such relationships.

The liberal wings of Reform Judaism and the United Church of Christ believe that homosexuality is a part of a person's being; it is normal and natural.

To support this bill would be to deny these faiths and many more of their right to freedom of religion as guaranteed in the First Amendment of the Constitution of the United States of America.

Second-Class Citizens:It is also clear that this bill seeks to make homosexual and transgendered people second-class citizens. Article 6 [Morality and Piety] of the NH constitution reads, "And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established." This bill seeks to make homosexuals subordinate to heterosexuals. Therefore it is in violation of our own state Constitution, the very document you are employed to uphold.

I honestly hope that the students at PSU will take these points to heart and with an open mind. I urge students, especially those who live in NH, to write to our state legislators in opposition to SB 427. If anyone is uncertain who represents them, they can find contact information at http://www.gencourt.state.nh.us/ie/whosmyleg.

Sincerely,Jamie A. Cadorette ('04)P.O. Box 368Plymouth, NH 03264(603) 536-6314apt81@yahoo.com


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