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By Kate Burns
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Copyright © 2003 by Thistle. Reproduced by permission of the author. 42 AI Gay Marriage INT 9/21/04 12:45 PM Page 43 Same-Sex Marriage Would Benefit Children 43 legal recognition of same-sex relationships in Massachusetts forever. Besides the mean-spiritedness of denying us rights we don’t even have, this amendment could be mobilized to undercut the gains we have already made and be a serious roadblock on our path toward full human rights. Here is the text of the proposed amendment: It being the public policy of this Commonwealth to protect the unique relationship of marriage in order to promote among other goals, the stability and welfare of society and the best interests of children, only the union of one man and one woman shall be valid or recognized as a marriage in Massachusetts.
Until recently, more radical activists and proponents of “queer theory” vigorously opposed the movement for same-sex unions, arguing that gays should not surrender their erotic freedom to the constraints associated with the “bourgeois” institution of marriage. More recently, the radicals have lined up in support of same-sex marriage, joining the proponents of polygamy and “polyamory” who are now so influential, if not dominant, in the academic field of marriage and family law. We do not have to speculate about their aims.
Some of our fellow citizens wish to impose a radically new understanding upon laws and institutions that are both very old and fundamental to our organization as individuals and as a society. ” I suspect, moreover, that everyone knows this is the case, and that, paradoxically, this very awareness of just how much is at stake is what may have induced, in defenders of those same “unwritten and unfailing laws” a kind of paralysis. Admittedly, it is very difficult to defend that which is both ancient and “unwritten”; the arguments do not resolve themselves into a neat parade of documentary evidence, research results, or citations from the legal literature.