Letters: Federal govt. not required to recognize gay marriage

I am writing this letter in response to Ralph Johansen's letter printed on Oct. 25, 2008 ("Prop. 8 violates Constitution's equal protection clause").

I would like to clarify a few things that he wrote about in his letter. He claimed that the right to marry involves "the civil marriage contract, such as inheritance rights, rights to mutual financial support including health and survivor insurance, unemployment benefits and social security, homeowners' and other tax exemptions."

He continues on with some other rights as well that he claims are not addressed by current "domestic partnership legislation," which are important. In the state of California domestic partners can claim health benefits, tax exemptions, and other rights and responsibilities.

The real issue lies with the Federal Legislation Title 28, Part V, Ch. 115, Section 1738C which states "No State, territory, or possession of the United States, or Indian Tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship."

In other words, neither the federal government nor other states have to uphold the marriage as legal. Married couples of the same sex are not entitled to federal tax benefits or social security, they are only eligible for those programs within the state that recognized the union. There is another bill, 1632, which will prevent any court from having jurisdiction "to hear or decide any question pertaining to the interpretation of, or the validity under the Constitution of, section 1738C of this section." This bill is looking to be passed this year.

As for Mr. Johansen's claim that "phobia against homosexuals has only been an issue for the last 150 years or so" and then stating it's "mainly Western cultures." That is a spin by some people. But interestingly the Old Testament, in the Bible (older than 150 years) makes some very pointed references about homosexuality, as well as the New Testament. People need to do their own research before believing everything they hear or read.

The Salem witch hunts were whole societal groups who reacted by burning people at the stake. In contrast there is legislation being written to change what many people feel is a very moral issue, to "vote" about it.

Joni Warren

Crescent City