Early this month, the Iowa Legislature heard testimony from 19 year-old Zach Wahls as it considered amending the Iowa Constitution to reflect the discriminatory views of an ever-shrinking percentage of the public by limiting the legal definition of marriage to a union between one man and one woman. Zach eloquently delivered his message as a student at the University of Iowa, an owner of a small business, and a successful son of two proud and loving mothers. In his brief address, Zach touched upon some of his most deeply-seated beliefs and most influential experiences that portray a compelling picture of everyday life in a family headed by a same-sex couple – a picture that would appear very familiar to families everywhere in almost every aspect. Zach and his family do have an alternative story, however. Due to statutory prohibitions on the freedom to marry, same-sex couples and families have long been denied the rights that many take for granted and could not imagine living without. Unfortunately, Iowa does not stand alone in its push for a Definition of Marriage Amendment (DOMA) – New Mexico is currently considering not one, but three separate DOMA bills in the 2011 Legislative Session (HJR 7 and SJR 4, which define marriage and HJR 8 that prohibits legal recognition of out-of-state same-sex marriages).

httpv://www.youtube.com/watch?v=FSQQK2Vuf9Q

By amending the New Mexico Constitution to limit marriage to opposite-sex couples, the people of New Mexico would codify into law the discrimination that Zach and many others cite as the most formidable barrier to societal inclusion that LGBT families face today. Indeed, the meaning of marriage extends far beyond mere fiscal benefits associated with civil unions. Constitutional amendments that limit the definition of marriage define far more than the meaning of a word – they define the way in which many American families live, interact with their neighbors, and identify themselves.

Discriminatory practices and attitudes against LGBT individuals and families have been entrenched in our society for too long, and the time is ripe for swift and effective change. Now, more than ever, public sentiment favors fair treatment to discrimination, equality over exclusion. Same-sex couples that once were forced to love in silence now declare publically their commitment to each other and to the families they raise, stating unequivocally that they do not wish to change the institution of marriage – they merely want to join it.

The ACLU strongly opposes the passage of these discriminatory and unconstitutional DOMA bills which deny the freedom to marry to gay and lesbian couples. However, the push for equal rights to marriage must begin and end with the people:

Please inform your state representative and senator that you oppose amending the Constitution to make discrimination official policy in New Mexico.

Ryan Schotter

Intern - ACLU of New Mexico