The Supreme Court did get it right on the gay marriage issue. The fourteenth amendment to the Constitution says, “No state shall … deny to any person within its jurisdiction the equal protection of the laws.” Equal protection of all citizens by government is fundamental. Government must not give favorable or unfavorable treatment in the same circumstances to any individual or group. The right of two people to voluntarily marry is a fundamental right, even if it is not stated in the Constitution. Remember the ninth amendment: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” This ruling does not require any person or church to conduct or participate in a wedding between gay people. It only requires that state governments not discriminate between heterosexual and homosexual weddings and marriages. There was a time when our Constitution was interpreted to not protect marriage between people of different races. The current situation is very similar. Even if a majority of people think that gay marriage is wrong, peaceful and honest people who do no harm to others should be free to voluntarily enter into marriage and government should not discriminate against them whether or not they happen to be of the same sex.
Even if it is a fact that traditional marriage, between one woman and one man, is best for children, and is good for the state, it does not logically follow that gay marriage is bad. Is it better for children to live in an orphanage or with a loving family, even if they are a gay couple? Is it better for gay couples to live together in uncommitted or committed relationships? When no one is harmed by the voluntary peaceful actions of adults, what is “good for the state” is a poor reason to use the force of government to prohibit those actions.
This blog post was prompted by a blog, “Marriage isn’t about love”, on Tom Quiner’s site: http://quinersdiner.com/2012/10/09/marriage-isnt-about-love/#comment-5260