Tag Archives: discrimination

The Day “Gay Marriage” Became “Marriage”

26 Jun

Today is a day that will be written into the history books.

Those of us advocating for LGBT rights have long been looking for the legalization of gay marriage. It is so obviously a denial of basic rights, and is so tangible, that it has been the forerunner for civil rights denied by the LGBT community. Today, it became not something to fight for, but a door that has now opened. Because anyone can be married now regardless of sex, gender, or orientation, “gay marriage” is now just “marriage. And that is something to be excited about!

We took this away from those who have used it as a backbone to their arguments that LGBT people are apparently different than everyone else. Now, we can use this momentum to tear down other barriers to things like adoption, life saving blood donations, and instead of tolerance we can seek acceptance. A same-sex married couple doesn’t have any influence on anyone’s lives but there own, so what is there to tolerate? Nothing. Because everyone should be accepting.

The ruling by the Supreme Court of the United States today, wasn’t a landslide movement, however. Four of the nine members voted against it, and while their reasons are their own, it is hard to say why. These 4 people are holding that their reasons for voting against it was because it was unconstitutional to take away the rights of individual states to decide their own laws. It is hard for me to accept that this is their reason for voting against it.

Considering that in Loving v. Virginia the decision was unanimous, we still have a long way to go. I find it very interesting that in that supreme court ruling, that marriage was a “fundamental freedom”, and that the “freedom to marry or not marry…resides with the individual and cannot be infringed by the state” while citing the 14th amendment of the constitution lends me to believe that the 4 dissents were of no result of the constitution, but of simple bigotry.

Section 1 of Amendment XIV states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.

 

Sounds to me as though yes, the states screwed up. Yes, due process of law landed this issue in the supreme court. And YES, those states were denying the rights of their citizens, which is unconstitutional, and why no, today’s landmark decision is NOT unconstitutional. These 4 folks just found themselves on the wrong side of history.

Yay history!! Now my coworker can adopt another pet and her wife will be able to easily divorce her.

 

Dissents of the 4 supreme court justices.
Text of Amendment XIV.
And a really awesomely done video about it all.

 

Please, if you feel as though I got it wrong, I would love to hear your comments as I’m not a lawyer nor a judge (or any expert in the law, for that matter). Make sure you include reference material, though, because I don’t need a bunch of bigoted bullshit cluttering up my space. 

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