Does It Or Doesn’t It?
Back in July, on the 141st anniversary of the Fourteenth Amendment, after Maine voted for marriage equality, but before the voters repealed the law, I looked at where we were in the struggle to achieve civil marriage for all. I looked to our Constitution to see what we could glean from it, and wrote, “Does The U.S. Constitution Already Make Gay Marriage Legal?” I believe it does.
I wrote,
The Supreme Court of The United States, in 1959 made it clear:
“Marriage is one of the “basic civil rights of man,†fundamental to our very existence and survival….â€
American lawyer and constitutional law professor Erwin Chemerinsky (Dean and Distinguished Professor of Law, University of California, Irvine, School of Law,) recently wrote, “Gay Marriage and the Constitution.” He offers some insight, including this:
“Denying marriage equality to gays and lesbians is a powerful statement that society still believes them to be second-class (or worse) citizens.”
And,
“…many courts now recognize that discrimination against gays and lesbians violates principles of equal protection.
“Courts have held that the government lacks any persuasive reasons for outlawing same sex marriage. Opponents of marriage equality argue that marriage, by definition, is between a man and a woman. But that is a definition, not an argument. For much of American history, in many states, marriage was defined as having to be between people of the same race.”
As the year draws to a close, as we celebrate our equality successes and bemoan our losses, it’s important to see the bigger picture.
The march toward equality is happening all around us. Yesterday, we won in Mexico City, the first locality in Latin America to “legalize” same sex marriage and they fought for and won the right for same-sex couples to adopt. That is a huge win. Portugal is poised to join its European neighbors – Belgium, Norway, Sweden, Spain and the Netherlands – in offering marriage equality.
This is a battle that will continue for decades, until we achieve equality through the Supreme Court. And for that to happen, there need to be many more wins at the state level. Which means we all need to continue to fight and enlist the aid of others.
Yes, it’s painful. Yes, it’s a lot of work. But what worthwhile endeavor isn’t?
Editorial note:
“Does The U.S. Constitution Already Make Gay Marriage Legal?” has consistently been one of the most popular posts here. I hope you’ll take a moment to read it. Perhaps it will help you in conversations you’ll have at family dinners this Holiday Season.