by Dr. Michael Smith

Created on: December 29, 2008   Last Updated: January 19, 2009

Laws concerning gay marriage have raised issues in America over whether these considerations should be decided on the state or federal level. Several states have passed laws allowing gay marriages, only to have them overstepped by referendum or court rulings, and the issue in many places is still very much in limbo. It is apparent that in order for gay couples to get equal rights, action must be taken on the federal level.

A careful scrutiny of American history shows that when issues affecting a small constituency are under consideration, the only fair and correct way to ensure those rights is for federal action to occur. Two clear instances, both concerning the rights of a particular segment of our society, show how important federal action was in achieving the desired effect.

The major concern is whether equal rights belong to the few and the privileged, or to everyone, regardless of race, color, creed, or sexual orientation. America from its inception has faced historical tests of whether rights were universal or for a select few. In every instance, the issues waere always decided on the federal level.

Slavery was an issue that tested the mettle of America since its inception. While it divided the country, even the northerners did not hate slavery with the conviction of change. The issue divided families, towns, states, and even churches, as Christians in many instances provided a foundation to justify such a vile institution. The battle was staged much like the present battle for gay rights. The issues were much construed by those who wanted to keep the institution intact. Exaggerated language suggested the horrors of having a world where slaves were free, and fear of what might be was used to sway the simple minded into believing in a world that would be intolerable.

When President Abraham Lincoln signed the Emancipation Proclamation even he did not envision ending all of slavery, but he soon realized that it must be total freedom or nothing. No compromise could fix the problems, or meet the needs that were faced by the nation. When the war was done, slavery ended and freedom for all became a reality. The Thirteenth Amendment to the U. S. Constitution granted freedom from slavery.

At the turn of the century women faced a similar situation with their press for universal suffrage. As the battle raged, again fear and half-truths were used to intimidate and propose a world of what might happen if women won the right to vote. The possibility of states approving

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