Wednesday, July 16, 2008

Constitutional Right to Marry

The following text is an excerpt from the Oxford Guide to American Law edited by Kermit Hall, 2002 p 542

"Constitutional protection for the right to marry dates from the civil rights movement of the 1960s. Loving v Virginia (1974) called marriage a "fundamental right," the rational of the case is unclear because the statute also involved an explicit race based rule. Zablocki v Redhail (1978) defined the constitutional status of the right to marry more clearly. The Supreme Court reiterated that marriage is a fundamental right, which means that rules denying access to marriage must be substantially related to important state interests." (bold added)

The question is this: What important state interests exists that allow marriage for one group (heterosexual) on the one hand, and deny marriage for another group (homosexual) on the other? 

Has the State of California proved any such "important state interests?" I think not.

The challenge is reaching the masses with a simple message.
And that message is this: "Marriage is a fundamental right."

enough said. 

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