Wednesday, March 27, 2013

The Pro-Gay Marriage Reader - A Constitutional Perspective

The Constitutional Case for Same-Sex Marriage ||

A strong argument that, while acknowledging that the libertarian notion that the best deal would be for the government to get out of the marriage business, also acknowledges the Jim Crow-like 2-tier marriage system is here and needs to be dealt with. Marriage for me, but not for thee, it argues, is not how things should be until the government gets completely out. Perhaps its most powerful argument, however, is that "[b]y outlawing same-sex marriage, the states are essentially forbidding religious institutions to marry whom they with."

The Moral and Constitutional Case for a Right to Gay Marriage ||

The Chairman of the libertarian-think tank the Cato Institute argues that "equal protection of the law" applies to homosexual/same-sex couples as well. Levy says that no compelling reason why the government sanctions marriage for heterosexuals and not for homosexuals has been given. Additionally, he argues that reasons to ban same-sex marriage - it would weaken the institution of marriage - isn't helped by that very ban, and offers legal suggestions to strengthen conservatives beloved institution.

The take-away from both articles:

The strongest case, it seems, for the pro-same-sex marriage crowd is to argue that banning gay marriage is a violation of the "equal protection of the law" granted in the 14th Amendment. Also, both writers are libertarians it seems they really wish - Levy uses the term "regrettably" - the government didn't get involved in marriage in the first place.

Bonus: Can We Really Get The Government Out of Marriage?

A piece giving a historical overview of the government's involvement in marriage, including property, taxes, and all sorts of benefits and protections, and acknowledges that "marriage licenses" are relatively new in human, or at least Western, history.

Bonus: When Did Laws Denying Same-Sex Couples Marriage Licenses Become Unconstitutional?

Another history lesson. This time, it answers when denying marriage licenses to gays became unconstitutional.

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