Showing posts with label same-sex marriage. Show all posts
Showing posts with label same-sex marriage. Show all posts

Thursday, December 3, 2009

Same-Sex Marriage: Constitutionally Required

Of the various political issues at issue these days, I think the one that bothers me most is the opposition to same-sex marriage. Part of it is that I simply do not understand why so many people are opposed to it, and it makes me think less of my fellow Americans that they take so much joy in denying happiness to others. Perhaps I'm overreacting on this front, because I feel like same-sex marriage is only controversial among people over the age of 30, and that it will be a non-issue in a few years.

But, in addition to the moral/political aspect of it, what bothers me is that there is no constitutional justification for denying to same-sex couples the right to marry. I mean, absolutely none. Any reasonable reading of the Equal Protection jurisprudence in this country makes it clear that a ban on same-sex marriage is blatantly unconstitutional. (Note: If you think this just means that I haven't heard a good argument yet, please comment and let know).

For people who are interested, here is a primer on equal protection law, along with arguments for why same-sex marriage is constitutionally required.