Four states will approach the Supreme Court with their lawyers arguing against same-sex marriage. . Same-sex couples are legally allowed to wed in 37 states and the District, and there have been 65 court decisions expanding the freedom to marry since June 2013, when the Supreme Court struck down a key component of the federal Defense of Marriage Act.
Kentucky says that its marriage ban doesn’t discriminate, since gay couples are still free to marry someone of the opposite sex. This is exactly the same argument that was used to justify bans on interracial marriage, and it’s essentially saying “you’re free to do whatever you want, as long as you actually do something else.”
Michigan’s brief is even crazier. They say that gaining marriage equality through a court order, rather than a popular vote, would be demeaning to gay couples. So, thanks, Michigan, for your concern.
Tennessee is sticking with the argument that if gay couples can get married, then straight couples will stop raising children in stable families, somehow.
And Ohio says that overturning the marriage ban would cause the people who voted for it to feel isolated. Sure.
The Fundamental Right to Marry
The judicial power of the United States shall be vested in one Supreme Court…” — Article III, Section 1
“The judicial power shall extend to all cases, in law and equity, arising under this Constitution…” — Article III, Section 2
What that means, to put it very simply, is that if the Supreme Court of the United States says that marriage is a fundamental right protected by the Constitution, then marriage is in fact a fundamental right protected by the Constitution. And every time the issue of marriage has come before the Supreme Court, the Supreme Court has said that marriage is a fundamental right, protected by the Constitution.
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” — Ninth Amendment
paula: Here is the U.N Charter of Rights
- All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
- Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
- Everyone has the right to life, liberty and security of person.
- No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms
- No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Everyone has the right to recognition everywhere as a person before the law.