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Debate Question: Is Civil Marriage a Fundamental Constitutional Right?

Debate Question: Is Civil Marriage a Fundamental Constitutional Right?

by Karen Ocamb on October 16, 2012

Tuesday night’s Presidential Debate at Hofstra University at 6:00pm (Pacific) will be a Town Hall-style format where moderator Candy Crowley from CNN will facilitate – and hopefully follow up on – questions from undecided voters hand-picked from the surrounding Hempstead, Long Island area. Political pundits have been chiming in for days about what to watch out for and who needs to do what to win the debate – which has become immensely important after President Obama’s lackluster performance in the first debate resulted in a significant rebound for former Massachusetts Gov. Mitt Romney.

The best thing about the town hall format is its unpredictability. Surely the economy and jobs and Israel and Iran will be at the top of everyone’s list in the debate centering on domestic and foreign issues. But New York is one of six states, with Washington DC, that have marriage equality   and I hope one of those remaining undecided voters asks this question: Do you think civil marriage is a fundamental Constitutional right and if so, what do you think of that right for same sex couples being put up to a majority vote on a state ballot initiative?

We know Obama supports marriage equality – but he also thinks the definition of marriage is a state matter. Romney opposes marriage equality but signed the National Organization for Marriage’s pledge to push for a Federal Constitutional amendment to prohibit lesbian and gay couples equal marriage rights. The Obama administration opposes the so-called Defense of Marriage and won’t defend it in federal court, though the military still enforces the DOMA restrictions after the repeal of Don’t Ask, Don’t Tell. Meanwhile the Republicans under Speaker John Boehner have hit the cap of $1.5 million taxpayer dollars  defending DOMA – losing five cases in federal court.

That support is being put to the test this Nov. 6 with four marriage initiatives on the ballot in Maryland, Maine, Washington and Minnesota.  Neither Obama nor Romney have made explicit statements about the initiatives – and would probably prefer not to, considering the quicksand of states’ rights the answer would involve. But for advocates of equality and same sex couples who want the same fundamental rights automatically given heterosexuals at birth, it is no longer acceptable to hush up and be a second class citizen.   A solid positive response from Obama would not doubt help muster his base and a more “moderate” response from Romney might chill his new friends in the Tea Party and Christian conservative movement.

Another so-called “social” question that really relates to the economy: Do you think it is OK to refuse to hire or to fire someone – no matter how qualified – based only on their sexual orientation or gender identity?

I’ll have a more detailed story about the important ballot initiatives, as well as reaction to the debate, tomorrow.

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