(Steve Griffin The Salt Lake Tribune) Same-sex marriage opponents rally at state capitol, Jan. 28, 2014. Same-sex marriage >> Residents of Utah split down the middle.
By CASSANDRA HOFFMAN Salt Lake Community College
It was nearly a decade ago that Utahans voted to ban same-sex marriage in Utah. In Nov. 2004, 66% of more than 900,000 Utah residents voted in favor of the Third Amendment which defines marriage as being between a man and a woman. This state-wide ban remained in effect until Dec. 20, 2013, when Federal Judge Robert J. Shelby declared it as unconstitutional. The state contested Shelbys decision and immediately filed an appeal with the 10 th Circuit Court of Appeals requesting a stay on the ruling. After the Court of Appeals denied the states request twice, the state filed an appeal with the U.S. Supreme Court and was granted a stay on Jan. 6. The stay will remain in effect until the 10 th Circuit Court of Appeals holds a hearing which has been set for April 10, 2014. Although it is uncertain how the Court of Appeals will rule, further examination has been done to assist in answering the following questions. Where do Utahans currently stand on the issue, and what has changed over the past decade that has led Utah to this potential change? If the Court of Appeals rules in favor of same-sex marriage in Utah how will this affect the residents of the state? And foremost, Is Utah ready for same-sex marriage? (Steve Griffin The Salt Lake Tribune) Same-sex marriage supporters rally at state capitol, Jan. 28, 2014.
Within just a few days of Judge Shelbys ruling, opponents and advocates of the recent court decision held rallies at Capitol Hill. Bill Duncan of the Center for Family and Society at the Sutherland Institute began a petition to obtain signatures from those in support of traditional marriage. Shortly after, Tim Wagner of MoveOn.org created a petition to collect signatures from supporters of same-sex marriage. Currently, Wagners petition has nearly 50,000 signatures; the Sutherland Institute has yet to release the number of signatures they have obtained. While the recent rallies and petitions do not provide a clear understanding as to whether the majority of Utahans today are for or against same-sex marriage, they do indicate that there is a strong interest in the same-sex marriage debate. Prior to the stay issued by the U.S. Supreme Court, an estimated 1,300 same- sex couples rushed to local courthouses to obtain marriage licenses; during which many conveyed their surprise to news reporters on scene. Several reports have also speculated that the repeal of the Third Amendment came as a shock to most Utahans because it was approved by nearly two-thirds of voters in 2004. Since the stay was issued, same-sex couples have waited with uncertainty as to what the future holds for them here in Utah. Meanwhile, supporters of traditional marriage have looked to Governor Gary Herbert who stated, It is important to me that the law as passed by the people of this state in defense of traditional marriage is upheld. One of the main questions that have been brought to light is whether or not the residents of Utah feel the same as they did ten years ago? For the answer to this question, we look to the most recent poll conducted by Survey USA for the Salt Lake Tribune. Please see MARRIAGE, A2
What About the Children?
Same-sex parenting >> Utahans argue about effects on children.
By CASSANDRA HOFFMAN Salt Lake Community College
How is it that we decide the best way to bring up our children? Is it the way that our families and community have taught us? Is it religion? Is it statistics? Whatever it is that guides us throughout this endeavor, we can all agree that it is a complex matter, and one that should not be taken lightly. The phrase we hear so often is that children are our future, and for this reason we want to ensure that they are given all of the necessary tools in order to succeed. Please see CHILDREN, A5 A2
Adams, Brooke. "Poll: Utahns Evenly Split on Same-sex Marriage." The Salt Lake Tribune. N.p., n.d. Web. 01 Apr. 2014. <http://www.sltrib.com/sltrib/news/57391605-78/marriage-sex-percent-state.html.csp>. Marriage Cont
The poll conducted in Jan. 2014 reached out to residents all throughout the state to determine where Utahans currently stand on the issue. Among several questions asked, the primary question was should same-sex couples in Utah be allowed to get state-issued marriage licenses? As illustrated in the chart below, the results of the survey show that Utah is now split right down the middle with 48% of residents saying yes, 48% of residents saying no, and 4% of residents that are unsure. Additionally, Survey USA obtained each respondents demographic information in order to compare the following groups; Mormons and non-Mormons, men and women, adults between the ages of 18-49 and adults 50 and older, and finally Republicans, Democrats, and Independents. Although the results of opinion polls often vary, depending on factors such as how a question is phrased, a large majority have reflected an increase over time in the number of Utahans that support gay marriage. The Williams Institute used statistical analysis to evaluate multiple surveys in order to complete a more accurate assessment of the publics opinion over time. They analyzed each of the 50 states, and reported that the publics approval of same-sex marriage in each state had increased by an average of 13.6% from 2004 to 2012; in Utah, the publics approval increased by 12%. While there may be many reasons for this increase, there appears to be a general consensus. Carl Tobias, a professor of constitutional law at the University of Richmond, has been one of many to attribute the increase to an overall rise in the acceptance of the LGBT community; primarily among the younger generation. Dennis Romboy of the Deseret News noted that in addition to the differing attitudes among the older and younger generations, the acceptance level of same- sex marriage has also increased as new residents move to the state of Utah. Due to the shift in opinions which have made same-sex marriage a possibility in Utah, residents have begun to express their concerns about its potential effects in regards to religious freedom. In a poll conducted by Deseret News, 72% of respondents asserted that if same-sex marriage is legalized in Utah, laws should be enacted to ensure that religious leaders will not be required to perform same-sex weddings. A law professor at the University of Utah and member of Equality Utahs Board of Directors, Clifford Rosky, responded to the concern noting that the First Amendment prevents the government from requiring church officials to perform same-sex weddings. He stated that "in the history of our country, no church has ever been forced to marry an interracial couple. The same principle applies to same-sex couples." Jim Dabakis, an openly gay Utah Senator, stated There is a vast difference between civil and religious marriage . . . I will continue to respect a religious organization's ability to marry only people it chooses. It has been ten years since Massachusetts became the first of 17 states to legalize same-sex marriage, and religious freedom has continued to co-exist. Upon review of the states that have legalized same-sex marriage, there have been no significant, negative effects reported thus far. In attempting to determine Utahs readiness for same-sex marriage, the current level of support among residents has been compared to states where legalization has already occurred. Among the states in which same-sex marriage is legal, each varies on their level of residential support. Maine has the highest with 78%, and Minnesota has the lowest with 47%; the majority range between 50-60%. Each state that allows same-sex marriage has a somewhat higher level of support than Utah; with the exception of Minnesota. Although Utahs support level is in the running, it is on the lower end of the scale. However if the support level continues to rise as it has steadily done over the past ten years, it will not be much longer before the majority of Utah is ready for same-sex marriage.
Ill never forget the day that I heard the words I once thought I would never hear. On December 23, 2013, I had just arrived home from a long day at work, walked through the door of the split level house that I call home, and slowly made my way down the dull brown carpeted stairs. I turned to my right to go into my bedroom as I heard my roommate CJ shout to me from the top of the stairs. With an urgent voice, she yelled Cassey, get up here! Having not the slightest idea as to what was so important I turned around and started up the stairs. As I made it halfway up the second set of steps, I looked up to see my roommate staring intently at me. As our eyes locked, assuming she was just being her usual dramatic self, I casually asked whats up? She paused for just a moment and I wondered why her face looked so serious. It was then that the inconceivable succession of words flowed from her lips to my ears. She started abruptly, gay marriage is legal in Utah! As I looked at her with a blank stare for what felt like eons, I struggled to process what I had just heard. The only words I could seem to form finally emerged from my mouth. I dont believe you, where did you hear that!? She proceeded to reach into the left front pocket of her khakis and pulled out her cell phone. With a slight but obvious smirk, she said Ill show you. As she appeared to be searching on her phone to present me with the proof that I needed my anticipation grew heavier and my patience thinner. After perhaps a minute (but who was keeping time?), she looked up at me with a smile and turned the screen of her phone into my line of sight. I saw the KSL News logo at the top of the screen, and then the big bold letters of the news headline beneath. It read Federal judge overturns Utah same-sex marriage ban. Immediately my eyes widened. Before I could read on any further, a flash of images floated through my mind; not with regard to what this information I was just given might mean, but with significant moments in my past that lead me to long for this day. Suddenly I was 14 years old again, sitting in my childhood bedroom in Brigham City, Utah; a small town of less than 19,000 residents. It was mid fall and I had just gotten home from school. I was sitting on the floor leaned up against my bed with my knees pulled in toward my chest. Looking out the window I watched as the brightly colored yellow and orange leaves fell from the almost barren tree. Within seconds my eyes fell to the floor and tears began to stream down my cheeks. Moments later I heard a car door slam. Startled, I lifted my head back up and quickly attempted to dry my tears with the sleeves of my dilapidated blue hoodie. I knew that my mom had just arrived home from work because our family pet Snubs, a small but boisterous dog, began barking incessantly as she always did to welcome my mother. I heard the screen door creak as she opened it, and then the front door as she swung it open and Snubs finally stopped barking. I sat there trying to quiet my hysteria as I implored the universe to stop her from coming down the hallway into my bedroom. I knew that if she saw I was crying she would nag me until I told her the reason why. Alas the universe did not listen, and I could hear every step as she walked down the hallway toward my door. As she got closer I became more and more apprehensive which caused my eyes to swell up again with tears. I became terrified because me and my mother were almost always at odds with each other, as Im sure is the same for most teenage girls and their mothers. My mind began to race with the same repetitive thoughts. Will she hate me? Will she tell me to get out of her house? Will she think Im repulsive? These thoughts consumed my mind until I heard the twist of the doorknob, and it was as if my mind froze and lost its ability to function. My mom opened the door and took one step into my room before it was clear she noticed my puffy eyes and sopping wet face. Her expression went from a smile to a look of concern as she asked whats wrong? I remained silent with a harsh frown on my face and looked down at the multicolored carpet trying to find the words. I lifted my head back up to look at her and I said, the girls at school are calling me a lesbian. My mom hesitated, trying to find the right words to respond, as I returned my focus to the floor. She said, well you know its not true so why does it matter? Keeping my eyes focused downward, almost as if I was frozen, I debated on what to say. Still confused at this age as to what these feelings were, I answered well its half true. My moms face grew serious and confused; as if she was sure she couldnt have heard me correctly. She asked in a sharp, disapproving, and surprised tone, wait, you like girls!? Mortified of where this conversation might go next, I looked up at her, pointed to the door, and yelled just get out! My mom stood there for a moment speechless. Then she finally turned to walk out of my room and closed the door to a conversation that wouldnt be opened again until more than a year later. Every Girl Dreams of Walking Down the Aisle on Her Wedding Day A4
Every Girl Dreams of Walking Down the Aisle on Her Wedding Day Cont "Home Page for Auburn Pentecostal Church." Home Page for Auburn Pentecostal Church. N.p., n.d. Web. 01 Apr. 2014. <http://www.auburnpentecostalchurch.com/>. Before I knew it I had drifted back into the present moment, standing on the steps staring at my roommates phone. The shock slowly let go of my body as I handed the phone back to her and began to climb the last few steps up to the brightly lit living room. The sun's rays illuminated the room which seemed to increase the dreamlike state I found myself in. I walked over to the couch and sat down across from my other roommate Lyra who also happens to be my closest friend. She looked at me and said, "crazy huh?" I responded, "I knew it would happen eventually, but I thought we would be one of the last. With as religious as Utah is, it feels like it's not real." As I sat there, ideas of god and marriage permeated my thoughts, and my mind seemed to leave my body again. I saw myself inside my old church, the place I had found refuge in as a young teenager when I felt as though I had nowhere else to turn to. It was almost like my second home. I attended sermons on Sundays, bible study on Tuesdays, and youth group on Thursdays. This place had brought me closer to god and close to a group of people who led me to feel an unconditional love and acceptance I had never known. I remember sitting in the sanctuary just as youth group had ended. I looked behind me to see everyone making their way through the glass French doors into the foyer as they were preparing to leave. The clock above the doors displayed the time, a quarter past nine. As I turned back to face forward in my seat I glanced out of one in a long line of windows to see the dark night sky. It was winter time now so the sun had always left us before youth group was over. I brought my focus back into the sanctuary and surveyed the dimly lit room. I looked at the rows and rows of gold-painted metal chairs and the aisle way that separated them. I turned back to face the front of the room and looked the stage. On the right side of the stage sat the piano, where Jessica would sit and play songs that could melt anyones heart. Three microphone stands were aligned just to the left of the piano, one of which I was asked to sing into from time to time, and the drum set was situated back behind the microphone stands. In the middle of the stage was the small wooden pulpit that Pastor Ernie would stand behind to give his sermons, and behind that was the baptism pool where I had been baptized almost 7 months earlier. Above the baptism pool was a large wooden cross nearly 5 feet tall that was attached to the wall. This room was where I felt safe, where I felt love and utter peace. I began to think about the conversation I had with my mother just a couple of weeks prior. It had been a short conversation that I ended abruptly because I was so scared. However, on this night I gathered enough courage and decided to talk to Natalie my youth leader. I was nervous, but she and I were so close. We talked about everything together, and as someone in her early 20s she always had words of wisdom to give me. I thought that out of anyone, she would be the one I should talk to. I sat in my chair as I waited for Natalie to finish talking with a small group of newcomers. Several minutes later they headed for the doors and she walked over and sat down beside me. She smiled at me and with her bubbly voice she said whats up girl? I turned to face her and I said, I think I need to talk to you about something. She smiled with this caring smile I had known so well for the last 2 years and said in a soft voice, whats going on? I sat there for a moment silently as she waited patiently for me to answer. I locked eyes with her and said, I think that I and I stopped. I turned my head away from her for a few seconds waiting for the courage I just lost to come back to me. As it did I looked back up at her and started again, Natalie, I think that Im gay. Looking at her, I waited for the caring expression on her face to fade but it didnt. I thought to myself, maybe things will be okay, maybe this place I know as my true home will accept this thing about me that I tried to ignore for so long; before realizing it couldnt be changed. I waited for her to respond, and after a long pause she looked me in the eyes and said well Cass, you know what the bible says about homosexuality. It is a sin, it is of the devil. I looked at her with hurt in my eyes not knowing what to do or say. After a moment of silence, she placed her arm around me and said Im going to pray for you girl, and I want you to go home and do the same. I nodded my head to agree. As she stood up, she asked me to wait while she got her things so that she could take me home. After a moment, I stood up to walk toward the exit; but I paused when I looked at the aisle way and recalled a daydream that I once had. I envisioned myself in a white Grecian gown, with soft white lilies in my hair, walking down this very aisle to say I do. Before I could ponder any more details, I looked up and noticed that Natalie was ready to take me home. We headed out to her Chevy Beretta and started it quickly; hoping it wouldnt take long to heat up. I sat there in the car on the way home wanting to talk to her more but I couldnt find the words. It was the quietest car ride we ever shared together. A5
Every Girl Dreams of Walking Down the Aisle on Her Wedding Day Cont "Laura & Simone | Garden Luncheon Wedding in Italy | Snippet & Ink." Snippet Ink RSS. N.p., n.d. Web. 01 Apr. 2014. <http://snippetandink.com/italian-garden-luncheon-wedding/>. Over the next few days I tried to do what Natalie said, I tried to pray; but all my mind could manage to do was think about the pain I was feeling. I felt so alone and it didnt take long for my sadness to turn into anger. Perhaps its because oftentimes anger seems easier than dealing with the pain. When Sunday came I went to church just as I always did. Except this time I didnt feel the peace I was used to, I felt nothing but shame. I knew what the bible said and I knew what my loved ones thought, but I also knew that this feeling inside me was who I was and I knew it would never go away. On that day it became clear to me that this place that I called home would no longer accept me as I am, and that day was the last day I ever went to church again. As I found myself back in my living room with my friends Lyra and CJ, I felt the tears swell up around my eyes. Embarrassed, I stood up from the couch and swiftly headed down the stairs to my bedroom. I sat down on my cold hard bed as these emotions of pain and anger drowned me. After a few minutes, there was something that resembled a quick jerk inside my mind as my thoughts completely shifted into a moment of clarity. In this moment all of my negative feelings absolved, and I realized how futile it is to hold on to resentments toward those that were unable to understand. This was the night I realized that all of the instances of discrimination that I had experienced throughout my life are just simply misunderstandings. In retrospect, its clear that Natalie was just following the beliefs that she had been taught. She wasnt a bad person, just an angel with a pure heart and ideals. She wanted me to go in the direction that she was sure in her heart to be the right one. How can I possibly remain angry at her? The answer is I no longer can. Although Ill never marry in the church I dreamed about when I was a young girl, I will have the opportunity to wear that white dress down the aisle. We all experience moments in our lives in which we cant agree with what we see others do. However in times when two people disagree, it is important at least to open our minds and strive for understanding. Although my mother was reluctant when she learned the truth about her only daughter, she took this thing that she had never been exposed to and fought against her own ideals until she could find a way to somewhat understand. To this day my mother says I dont approve of it but I accept it, and thats all we can really ask from anyone.
Children Cont
Here in Utah Family is more than just an important part of our lives; its the foundation of our culture. Perhaps one of the primary reasons is that the LDS faith is prominent in this state and family is one of the core values of the LDS faith. People from all walks of life have respect for the LDS church for this reason. Even those who don't belong to the LDS church see its family values as an inspiration when it comes to raising their children. Utahans know that leading a family- oriented life is one of the best ways to promote the well being of our children. Due to the family values held by most Utahans, it is no surprise that children are the main concern when we look at the recent and ongoing court case regarding same sex marriage in Utah. As many know, on Dec. 20, 2013, United Stated Federal Judge Robert J. Shelby overturned the state wide ban on same sex marriage, and it became a reality until the U.S. Supreme Court issued a stay pending a decision by the Tenth Circuit Court of Appeals. A hearing has been set for April 10, 2014 in which Derek Kitchen and the co-plaintiffs challenging the same sex marriage ban will be heard along with the defendants including Utah Governor Gary R. Herbert. Over the past few months both sides have filed multiple briefs in support of their arguments and Utahans are now waiting to see how the Tenth Circuit will rule. As has been noted in several briefs filed by the state, Utah's primary reason in fighting to uphold the state wide ban on same sex marriage is their concern for the children. One of the briefs filed by the state in early February stated that "Redefining marriage as a genderless, adult-centric institution would fundamentally change Utah's child- centered meaning and purpose of marriage." Sean Reyes, Utah's Attorney General, stated that "The constitutional question is whether it is reasonable for Utah's citizens to believe that a child benefits most from being raised by his or her biological mother and father in a permanent relationship, and that such relationships should therefore be encouraged through recognition as marriages." In reviewing the states arguments we can conclude that they believe marriage should strictly be between a man and a woman because it is in the best interest of our children. Some organizations oppose same sex marriage for religious purposes such as the Heritage Foundation and the American Family Association; however, since religious views do not hold up in a court of law, they have put a lot of focus on the effects of same sex marriage on A6
children. These groups and others believe that the best family type involves a man and a woman in a loving and committed marriage; they believe that children need both a mother and a father. The Family Research Council made it a point to discuss their concerns regarding same-sex marriage from a non religious perspective which can be found on the organizations website. Aside from the assertion that children need a mother and a father, they also suggest that children of same sex parents are more likely to have gender identity disorders/gender role confusion and that they are more likely to engage in homosexual activity than those children with opposite sex parents. While same sex couples argue against the assertions made by supporters of traditional marriage, and believe that their assertions are false, how do we really determine what is best for children? The answer of course is research. Since the 1950s sociology psychological researchers have conducted several studies to determine the effects of same sex parenting on children. As the research results have fluctuated, it is important to view the different outcomes that have changed the general consensus among scholars. In 2005, the American Psychological Association published a report including the results of 59 different studies over the course of 48 years. These studies measured the different ways that same sex parenting affects the development and psychological well-being of children. The report concluded: "There is no evidence to suggest that lesbian women or gay men are unfit to be parents or that psychosocial development among children of lesbian women or gay men is compromised relative to that among offspring of heterosexual parents. Not a single study has found children of lesbian or gay parents to be disadvantaged in any significant respect relative to children of heterosexual parents. Indeed, the evidence to date suggests that home environments provided by lesbian and gay parents are as likely as those provided by heterosexual parents to support and enable children's psychosocial growth."
The next notable study that was conducted, and is being used by the state of Utah in their pursuit of upholding the same sex marriage ban, is that of Mark Regnerus, associate professor of sociology at the University of Texas in Austin. His research was published in the Social Science Research Journal in July of 2012. Regnerus's research concluded that children of same sex couples are more likely than children of heterosexual couples to do poorly in school, engage in criminal behavior, experience depression, and engage in homosexual activity; these are only a few of several disadvantages found. In his study he also points out errors in the studies reviewed by the APA prior to the publishing of their report; including the fact that a majority of said studies were based on small, non- representative samples, and that some did not include heterosexual couples as comparison groups. After Regnerus's study was published, states began using it in their pursuit of banning same sex marriage. Shortly after, the American Sociological Association issued a report which disagreed with his findings. They have noted that "The majority of the individuals characterized by him as children of lesbian mothers and gay fathers were the offspring of failed opposite-sex unions whose parent subsequently had a same-sex relationship. In other words, Regnerus did not study or analyze the children of two same-sex parents." Additionally they stated that "When the Regnerus study compared the children of parents who at one point had a same-sex romantic relationship, most of whom had experienced a family dissolution or single motherhood, to children raised by two biological, married opposite-sex parents, the study stripped away all divorced, single, and stepparent families from the opposite-sex group, leaving only stable, married, opposite-sex families as the comparison." Both Regnerus's study, and the American Sociological Association's response, have been included in files submitted to the Tenth Circuit Court of Appeals in the Kitchen V. Herbert case. The difficult thing here is that when you learn of all the confounding variables which have been found with the studies regarding same sex parents it's hard to
know what to believe. As it has been said by multiple scholars, more research is needed before a true conclusion can be drawn. However, the majority of studies that currently exist suggest that children of same sex parents fare just as well as heterosexual parents. So where does this leave us in terms of whether or not we should allow gay marriage in the state of Utah? Do we really want to allow it without truly knowing how it will effect children? Perhaps another point to consider is the association between children and marriage. Many people do believe that one of the primary purposes of marriage is to procreate. It is a belief that has been around for centuries. However, there are in fact those that marry even though they can't have children; some marry but don't plan to have children. We are also aware that many children are born to women that aren't married; according to the CDC a staggering 40.7%. In 2013 the Williams Institute estimated that there are nearly 3 million LGBT Americans that have had a child and that there are nearly 6 million children and adults in America that have an LGBT parent. Additionally, same sex couples with children are the most common in Mississippi, Wyoming, Alaska, Idaho, and Montana; none of which allow same sex marriage. What this tells us is that regardless of whether or not same sex marriage is legal, same sex couples have had and will continue to have children even if we don't allow them the right to marry. First and foremost, the concern for the well being of children will always exist. It may be years before we have enough research to conclude whether or not same sex parents can be said to be just as good as heterosexual parents. However, the research that we have thus far does lead us to believe that they are. While there are many areas that need to be addressed in seeking to improve the lives of children, unless we plan to prohibit same sex couples from having children, the act of marrying in and of itself will have no weight on the well being of our children.