A Nation of Separation

America’s prevalent contemporary issues regarding marriage were fostered by the nation’s original governing system, which imposed the separation of different kinds of people and the exclusion of minorities. The separatism established in America has never consisted of an even divide; instead, there has always been a majority, the oppressor, and a minority, the oppressed. Historic events illustrate that these minorities were excluded from the rights and privileges that were commonplace for the majority. The division that formed, inevitably, introduced problematic institutionalizations of race, gender, and sexuality. The majority deemed what race would be the most privileged, what gender would be the most dominant, and what sexuality would be the most idealistic. The ban of interracial marriage in the past and the ban of same sex marriage now show the perpetuation of racial inequality/inferiority, heterosexual righteousness, and dominance of the man. In the past, opposition to interracial marriage was an entrenched idea embedded into the minds of many people because they had been socialized to believe that the white race was superior. Historic and contemporary marital bans reinforce the social construction of race, gender, and sexuality due to their imposition of social norms upon the American minority.

Marital bans enforced solely due to one’s racial make up are directly contradictory to the constitution, which superficially promotes equality regardless of individuality.  Up until the Loving v Virginia case in 1967, it had been illegal for people of different races to marry. Prior to 1967, the idea that marriage equality on a racial level should exist had been regarded to as an absurd idea that closed minded people of the time period could not fathom. Supporters who fought for marriage equality on a racial level were ahead of their time in regards to the reigning government laws; a similar trend is apparent with the supporters of same sex marriage today. In the past, the ban of interracial marriage strengthened the social construction of race because it instituted a stigma that associated non-whites with being less than equal. This had been demonstrated through the Jim Crow laws that were being followed. Jim Crow laws prevented blacks from voting, serving on juries, and attending the same schools as their white counterparts. During the period when many public schools were being reconstructed and modernized using governmental funding, schools for black children were consistently underfunded. This separatism and unequal treatment cultivated ideas of racial inferiority/superiority, which consequently attached a stigma to the intermarrying of the inferior group (the blacks) and the superior group (the whites). It was believed that if an interracial couple decided to procreate, their offspring would be tainted with non-white blood. Beliefs such as this one were so wide spread, and eventually controversial, that it had become necessary to figure out if such ideals had a scientific basis.

“Narrowing the sweep of nineteenth century racialists thought to focus on biology, these modern biological experts then expanded their range by offering physical characteristics, heredity, and reproductive imperatives as variations on biological theme. They were particularly drawn to arenas in which all these biological motifs case into play; accordingly, they placed special emphasis on reforming marriage laws”(Pascoe, 58).

Using race as a sufficient factor of division was simply illogical and juvenile. This was so because genetic composition does not vary from one race to another.

There are no characteristics possessed by all Blacks but not by non-blacks; similarly, there is no gene of cluster of genes common to all Whites but not to non-Whites. That is greater genetic variation exists within the populations typically labeled Black and White than between these populations (Haney Lopez, 194).

 Race is simply a social construction formed from “human interaction rather than natural differentiation” (Haney Lopez, 196). The ideology supporting the ban on interracial marriage had affected people in many ways that called to question the constitutionality of placing restrictions on who a person could marry.  Marie Antoinette Monks experienced the absurdity regarding the idea of race being a biological dividing factor when she lost the Estate of Monks trial because she was deemed a black woman by the court. By encouraging the idea that one race retains superiority, classism based on race is formed. The social construction of race inevitably thrives as a customary system blindly followed by both the majority and the minority. Enforcing laws such as marital bans not only contradicts the constitution, but also allows the dehumanization of the minorities being affected by these prohibitions.

The legitimacy of same sex marriage is currently being scrutinized due to the heteronormative ideals that have become widely accepted. In American culture specifically, gender binaries and heteronormative ideals are widespread. The binary of masculinity versus femininity is one that has been systematically ingrained into American culture and ritualistically followed by both men and women of today’s society.  Men and women are given distinct scripts to follow, but once one deviates from these scripts there is a societal uproar due to the lack of knowledge of how one should react. One of the major reasons for homophobia is simply because modern Americans aren’t conditioned to know how to react. The lack of knowledge of how to react is then quickly transformed into fear, hence hate crimes. Lets look at man-woman binary. Women are expected to embody everything that femininity entails, while men are expected to do the same in regards to masculinity. The emphasis placed on men disassociates males from anything “non-masculine.” To be masculine, one does not have to be a man, and a man does not always have to be masculine. This concept is widely missed because of the social construction of gender. “A sex category becomes a gender status through naming, dress and the use of other gender markers. Once a child’s gender is evident, others treat those in one gender different from those in another gender, and children respond to the different treatment by feeling different and responding differently” (Lorner, 122). This gendering of the sexes manipulates individuals into believing that one is supposed to behave a certain way based on sex. The application of these behavioral limitations is a major factor in the widespread homophobia that has become prevalent in today’s society. Studies show that “the defensiveness associated with homophobia is linked to gender issues [and] these finding suggest that some males’ homophobia is based primarily on anxieties associated with the male role”(Herek, 319). Set binaries and the social construction of gender make deviating from traditional ways of thinking extremely difficult. Society has been conditioned to only know man and woman, but the lines separating the two inevitably blurs once transgendered people enter the equation. When Christi Lee Littleton was denied the right to sue Mark Prange, the doctor responsible for her spouse’s death, for malpractice due to the fact that she was transgendered, the fact that hetero-norms have become prevalent and suppressive was solidified. This is not only unconstitutional, but it is also dehumanizing because not only is a minority being discriminated against, they are also being denied fundamental privileges that come with being married. To deny any person marital benefits based on sexual orientation solidifies heteronormative ideals and anti-gay discrimination. Advantages within retirement, property ownership, inheritance, insurance rates, and family/medical care are aspects of marriage instinctually enjoyed by heterosexual couples but denied to same sex ones. “The Federal Defense of Marriage Act (DOMA) denies married, civil unionized and domestic partnership [of] same-sex couples approximately 1,100 federal benefits currently reserved as special privileges to opposite-sex married couples” (SFGate, Carolyn Said). The refusal of legitimizing same sex marriage based on definitional reason is one thing, but to blatantly deny rights to same sex couples is simply unconstitutional. This type of discrimination further perpetuates the continuation of this institutionalized American society.

The discrimination being faced by same sex couples longing to marry is a form of historical repetition that illustrates how past laws have been instituted into the current system which shows that historically dividing laws have been institutionalized. Gender roles, heteronormative ideals, and racial division are all problems instituted through historical laws. What is problematic and elusive is that '''law' is commonly mistaken as 'solid' and 'constant' but in actuality, law is much more amorphous” than what it appears to be" (A Critical Look at Marriage and its implications, Christopher He).   Willful Blindness and Defiant Ignorance has permitted historically dividing laws to continue by way of de facto separatist lifestyles. Hancock defines Willful Blindness as the denial of others oppression and your own privilege.  He also defines Defiant Ignorance as the refusal to acknowledge or learn about another's oppression. Carrie Fisher's recent outing of John Travolta to multiple media outlets is an example of how people participate in Willful Blindness. She talks about Travolta's situation as if modern society is completely accepting of gay people, when in actuality people who are part of the LGBTQ community are still oppressed. While de jure laws regarding gender and racial equity have been enacted, de facto people are still being oppressed by practices that have permeated the system of living people follow. 

A student at Rutgers University recently fell victim to the de facto societal pressures put on people based on their sexuality. “Tyler Clementi [was] the Rutgers University freshman who committed suicide after his roommate allegedly secretly filmed him having sex” (People, Eunice Oh). Clementi's humiliation stemmed not only from being exposed, but also from the fact that he was exposed as a homosexual. Clementi's roommate who recorded and broadcasted Clementi's sexual encounter participate in Defiant Ignorance because he had known prior to his broadcasting of his roommates encounter that Clementi was gay; however, he proceeded to disregard the oppression Clementi was facing and post the videos anyway. Society has associated homosexuality with such negative stigmas that the suicide rates of LGBTQ youth has spiked this past year. If one would have recorded a heterosexual couple having sex, instead of suicide, the male in this case would have received praise from his peers. It is important that society relinquish these stigmas that are attached to being homosexual as soon as possible in order to prevent more suicides like Tyler Clementi’s.  

Society has gotten to a point where discrimination is no longer a blatantly visible issue; instead, it has been institutionalized and practiced subconsciously. In order for progression to happen, it is absolutely essential that the institutionalized society that has become widely accepted is completely deconstructed. The stigmas attached to homosexuality need to be alleviated in order for the acceptance to become widespread. More importantly though, the government needs to recognize that its being unconstitutional in denying same sex marriage. If history has been able to portray any lessons, its most prevalent one should be that discrimination based on unchangeable character traits are unconstitutional and inevitably doomed for failure.

Works Cited

Pascoe, Peggy. "Miscegenation Law, Court Cases, and Ideologies of 'Race' in 

      Twentieth-Century America." Journal of American History 83 (June 1996):44-69.

Robinson, B. A. "Legal and Economic Benefits of Marriage." ReligiousTolerance.org       

      by the Ontario Consultants on Religious Tolerance. Ontario Consultants on      

       Religious Tolerance, 17 June 2009. Web. 26 Nov. 2010.         

    <http://www.religioustolerance.org/mar_bene.htm>.

Oh, Eunice. "Rutgers Student Commits Suicide After Secret Sex Tape - Tyler Clementi :   

          People.com." People.com : The #1 Celebrity Site for Breaking News, Celebrity   

          Pictures and Star Style. 30 Sept. 2010. Web. 26 Nov. 2010.         

    <http://www.people.com/people/article/0,,20430783,00.html>.           

Lorber, Judith. "The Social Construction of Gender." Women's Voices, Feminist      

       Visions. Mountain View: Mayfield Publishing Company. 2001. 121-124.

Herek, Gregory M. "On Heterosexual Masculinity: Some Psychological 

        Consequences of the Social Construction of Gender and Sexuality."   

        Psychological Perspectives on Lesbian and Gay Male Experiences. Ed.     

        Linda D. garnets and Douglas C. Kimmel. New York: Columbia          

        University Press. 1993. 316-330.

He, Christopher. "A Critical Look at Marriage and Its Implications." Web log 

           post. He Man's Lair. 12 Dec. 2010. Web. 13 Dec. 2010.          

           <http://heman41.blogspot.com/>.