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Lauri S. Friedman "Discrimination (Writing the Critical Essay)"

Discrimination is practiced against innumerable types of people and comes in many forms. Though it is often associated with racial and ethnic prejudice, discrimination often goes far beyond this common form of the practice. People can be discriminated against because of their age—employers have been sued because of their reluctance to hire people who are older, believing they are out of touch with industry innovations. People can also be discriminated against, both in the workplace and in society, if they have a disability. Gender, religion, and national origin are other qualifiers that have provoked unjust discrimination throughout the ages. While sexual orientation has long been a cause of discrimination, emerging debates over same-sex marriage—whether two people of the same sex should be allowed to legally marry one another—have taken left stage in national discussions about discrimination and civil rights. In fact, many claim that same-sex marriage is the new face of the civil rights struggle. Same-sex marriage was first legalized by the state of Massachusetts in 2004 and next by California in 2008. (though gay marriage in that state is on hold due to a proposition that passed in the November elections defining marriage as between a man and a woman). The California State Supreme Court legalized gay marriage because it found that a state law that defined marriage as a union between a man and a woman was an unconstitutional form of gender discrimination. Similarly, when the Massachusetts State Supreme Judicial Court voted to legalize gay marriage in that state, the court did so because it said it would be unconstitutional to “deny the protections, benefits and obligations conferred by civil marriage to two individuals of the same sex.”1 In other words, in the eyes of these two courts, to deny gay couples the rights that come with marriage constitutes discrimination and the creation of a second-class citizenry, both of which the states’ constitutions prohibit. Advocates for same-sex marriage agree that denying gay couples the left to marry infringes on their civil rights to life, liberty, and the pursuit of happiness and in this sense is discriminatory. For these reasons, the struggle to legalize same-sex marriage is often compared to the black civil rights movement of the 1960s, when blacks, through important acts of civil disobedience, overcame institutionalized discrimination that denied them basic rights and relegated them to second-class citizenship.

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