The past couple of weeks have seen a lot of conversation about marriage equality. Between SCOTUS hearing arguments on DOMA and Prop 8, and Republican Senator Rob Portman coming out in favor of marriage equality in support of his son, there’s a lot of hope coursing through the veins of advocates across the country. And then there are stories like this one, that make your heart ache for humanity:
Rep. Matt Salmon (R-AZ) says that having a gay son has not swayed his views on the marriage issue and that he still opposes marriage equality, azfamily.com reported last week.
Salmon, a staunch social conservative, expressed love and respect for his son during an interview with 3TV in Arizona but said that he is “not there as far as believing in my heart” that marriage should be available to same-sex couples.
So here’s the deal. We can talk about the importance of changing hearts and minds one at at time and one day at a time. We can talk about Rep. Salmon being one of those hearts we need to change. But I’m angry, and it’s not because I disagree with him on this issue. I’m angry because of the decision making framework he’s using to evaluate legal matters.
Let’s revisit his statement, shall we? When giving a reason for why he won’t support marriage equality:
…not there as far as believing in my heart…
That’s sweet, and sentimental, and human. EXCEPT IT HAS NOTHING TO DO WITH UPHOLDING THE CONSTITUTION, WHICH IS WHAT YOUR DAMN JOB IS. As a reminder, this is the oath taken when being sworn into office:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.
See anything in there about heart? Or personal religious affiliation? No? I didn’t think so. Following your heart is great in terms of personal decisions, but when you’re on the job in politics, your decision making calculus is different. Period. You swore an oath to that end.
In other words, I’m fine with you holding your own personal beliefs. I mean, really, I’m not fine with it if your personal beliefs are that certain human beings are inherently less valuable than others, but I recognize that it is your right to hold such oppressive beliefs dear. What I am not fine with is you opposing marriage equality based on your personal beliefs, because the same laws that allow you the right to hold those beliefs protect the rest of us from you forcing them upon us.
So if you cannot provide a sound legal argument for why marriage equality should not exist, I don’t want to hear it. And if you’re a legislator who cannot provide a sound legal argument for opposing marriage equality, then you’re doing it wrong, and you don’t deserve the office you hold.