Howard W. Hewitt – Political Science Professor Scott Himsel ’85 gave a well-crafted speech in Thursday’s Chapel Talk on the hot-button issue of gay marriage.
Himsel used two state Supreme Court cases decided last year in Indiana and New York as the basis of his talk. In both cases, the state courts ruled against gay couples seeking marriage rights and accompanying benefits. View or hear podcast here.
Grounding much of his presentation in Constitutional Law and reasoning, he startled the big Chapel gathering by suggesting the courts were “heterophobic’ and ruling for the protection of the majority over a minority.
Or as his talk’s title suggested, are gay people prevented from marrying because they make better parents? He noted comments from one of the New York justices that gay couples tend to become parents at “significant expense, foresight and planning.” While straight parents can have children without any thought.
“These cases shirt the stereotypes,” he said. Usually such cases are argued and can be decided based on morality, but these two cases were not. In essence, Himsel said, the courts have given state legislatures great latitude in deciding such issues.
He talked about Indiana’s legislature’s failure earlier this year to pass a gay marriage ban. He said its failure shocked many. Pundits opined the supporters over-played their hand, Himsel said. The bill included a provision which could have kept certain benefits and protections from unmarried couples. Ohio passed such a law in 2003 which has caused problems for unmarried couples.
And the other reason: “Big business said no,” Himsel offered. Eli Lilly, Cummins, WellPoint, Emmis Communications and others lined up against the bill saying it would jeopardize benefits offered to domestic partners at their company. They also argued it sends the wrong message for a state trying to increase economic development.
Himsel suggested in his conclusion that the great moral issues of the day should not be left to the courts alone. He cited Wabash’s 175 years of teaching men to think critically and live humanely. He said Wabash is at its best when discussing the great issues even when you disagree.
“We trust each other enough to talk about issues that really matter. We learn to live humanely by discussing issues with those whom we may differ.”
