I'm no legal scholar, but it seems to me pretty obvious, and the decision could have been written in a single paragraph rather than a hundred or so pages: same-sex marriage is constitutionally protected for the following simple, clear, and inarguable reasons:
1) Equal protection under the law for all citizens is at the core of our Constitution and of American values.
2) Sexual preference is not a matter of choice any more than is color of skin, and, therefore
3) The only basis for considering homosexuals undeserving of equal rights is a religiously-based one and, therefore
4) Since the Constitution forbids raising religious law above civil law, there is no Constitutional basis for preventing same-sex couples the right to marry, and, also
5) No state has the power unilaterally to remove Constitutionally-guaranteed rights.
6) Period.And, oh yeah: No one is forcing anyone to marry a person of the same sex, nor will any given house of worship be required to perform such a marriage. Also obvious.
(Added: As moving as the final paragraph of the decision is, it's only the last couple of lines that are legally relevant: "They ask for equal dignity in the eyes of the law. The Constitution grants them that right." See? Simple.)
(More: also obvious: preventing same-sex marriage harms an innocent group of citizens. Allowing it harms no one.)
[Image source]
You'd think it would be that simple.
ReplyDeleteIf we could get rid of the lawyers, maybe it would!
ReplyDeleteIt really is that simple. No one who is not wanting to marry a same sex partner is affected in any way. To anyone whose delicate sensibilities are offended by this new reality, I'll happily describe to them how disgustingly offended I am whenever I'm at some public function and and forced to endure a, 'Let us bow our heads in prayer.' Or, 'In Jesus' name we pray.' It's offensive to me that it's presumed that I concur with that crap. But I don't clutch my pearls or have a hissy fit. I just pour myself a big ol' glass of Shut the Fuck Up. I have extra. I'll share.
ReplyDelete