Posts Tagged Supreme Court
By now, I assume that most of you have heard the news regarding Proposition 8, which was overturned this week by a California judge.
From The New York Times:
Saying that [Proposition 8] discriminates against gay men and women, a federal judge in San Francisco struck down California’s voter-approved ban on same-sex marriage on Wednesday, handing supporters of such unions at least a temporary victory in a legal battle that seems all but certain to be settled by the Supreme Court.
As usual, the media has been buzzing, but it seems that the majority of the arguments (from both sides) have to do with the morality of gay (or straight) marriage, and whether we as a society should “accept” it.
These are necessary arguments to have, but the fundamental issue at the moment has to do with whether this decision holds up on Constitutional grounds. I would argue that it does not.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Obviously we can’t just interpret the Equal Protection Clause all by itself (it has years of jurisprudence coloring its words and meaning), but rather than dive into a nuanced, methodical discussion of how we should interpret the clause, I will simply say that I don’t believe the clause has anything to do with homosexual marriage, or heterosexual marriage for that matter.
In this particular instance, perhaps one good way to understand what it should apply to is to detach ourselves from thinking of “marriage” as Read the rest of this entry »