Friday, October 24, 2008

State Constitutions Do Not Have to Back Same Sex Marriage

I remember on the day we heard that Connecticut State Supreme Court had voted that same sex marriage was not only OK, but actually pushing civil unions was an act of discrimination, I thought "Of course they would say that".

The reason that they would is that the right for two consenting adults to form a marriage union whether same or opposite sex is inherent in equal protection under the law.

Equal protection under the law is from the US Constitution.
  
State Constitutions must conform to the US Constitution in allowing the rights it allows.

I also notice that the Prop 8 people in California are not using the old lie that allowing same sex marriage would open the door to child brides and polygamy, at least on the NPR programs I've listened to, they don't.  Yeah, just try to get that passed Warren Olney without a question that shows just how ridiculous such claims are.   

It's simple as pie.  Two consenting adults. 

No children, no polygamy.

And it doesn't matter if they chose the Gay-Lesbian experience or they are born that way.  I'm not a scientist though I do remember reports appearing that seem to indicate we are all born into our sexual preference,  even us heteros.

Still, the right of free speech is a right though what we say is mostly a matter of choice.  So, even if the "from birth" link hasn't been 100% proven it makes no difference.

Equal Protection Under the Law.  

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