Freedom and fairness are two of the bedrock principles upon which our nation was founded. As such, they provide potent pressure against any who appear to disfavor them.
For this very reason, people who advocate for gay marriage have sought to co-opt these ideas and claim them as their own.
What many people who favor traditional marriage fail to recognize is that these advocates are, in fact, correct.
The debate surrounding the definition of marriage does ultimately depend on fundamental freedoms and fairness.
However, these two cornerstones of American society favor a traditional definition of marriage.
How is this? It’s simple.
Every American, regardless of gender or sexual orientation, is entitled to certain fundamental freedoms, and society has accommodated these freedoms and balanced its interests against those of the individual.
Marriage is, essentially, a state-sanctioned institution with societal rights and responsibilities accompanying its unique status.
Thus, our society has a vested interest in maintaining the institution’s integrity.
What is this interest, though?
Is it the stability of the institution?
Although this argument has merit, it falls short. Consider that interracial marriage was once expressly forbidden, but it is widely accepted today.
Is it the economic aspect of marriage?
Again, this argument might have merit, but it is weak.
Economic reasons are seldom sufficient when discussing issues of fundamental freedoms and fairness.
Is it to protect the rights of the parties involved with – or incident to – the marriage?
This answer is closer to the truth.
Keep in mind that the state provides tax benefits for the marriage.
It also oversees probate proceedings when one partner in the marriage dies.
It even enforces child support and custody agreements when a marriage, sadly, fails.
Perhaps, though, the answer lies in none of these arguments.
Our society’s most compelling interest in maintaining the integrity of marriage is that this institution is one of the hallmarks which itself defines a society.
Thus, fairness dictates that every member of our society has an equal voice to determine what the definition of something as fundamental as marriage will be.
At the moment, society has accepted the traditional view that marriage is between only one man and one woman.
This prevailing view may change, though, as the electorate becomes increasingly younger.
Because of this possibility of change, the people who favor traditional marriage must continue to advocate for their beliefs.
They must embrace the powerful ideas of freedom and fairness by encouraging others to exercise their voices in advocating for a traditional definition of marriage.
Zack Smith is a first-year law student. His column appears on Mondays.
