I recently wrote an article on my blog about the 40th anniversary of the Loving v. Virginia case, which was decided June 12, 1967. The blog article describes an absence in mainstream media of the lead plaintiff's assertion that marriage should be open to any and all consenting adults who wish to marry, which the United States Supreme Court ruled to be a fundamental right. Read my blog post and leave a comment. What do you think?
[updated 24 June 2007] You should also check out another post on my blog about same-sex marriage in California, which lists six very good reasons why same-sex marriage should be legal.
[updated 5 February 2008] This was the very first article I published here on Gather; I'm cross-posting it to a bunch of other groups that I've since joined. Please read the articles on my blog and comment on them, as well as here on Gather, so you'll receive your points for participating. Thanks so much! There are so many different reasons as to why marriage has been deemed to be a fundamental right: healthcare issues, financial issues, social issues, responsibilities, raising chlidren, partnerships, etc.; my blog post dated on year ago today discusses many of these issues, and includes both the original and the most recent studies commissioned by Congress detailing all of the rights, obligations, responsibilities, and privileges that United States Federal Law associates with marriage. Additionally, you should check out John S.'s terrif article on why he wants gay marriage to be legal.
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Comments: 15
My personal view is that heterosexual common-law marriages lack the principles and respect for their partners and children, yet society condones this way of living (for years) as a personal"choice among adults."
While on the other hand, those who fight for same sex marriage are denied, because society sees this as an inappropriate choice by adults. Whom has the power to say that "living together and having illegitimate children" is okay despite that most are not supportive or compassionate adults/parents? Same-sex marriage/couples are known for committed relationships and nurturing children (adopted and abandoned by heterosexuals.)
I am with you on this Peter, because I believe we all have a right to choose. The same way people have a right to choice their partner "regardless of race."
I have far more respect for men like you, Peter, who fight for equal partnership/marriage. The struggle is worth it. Equal Rights for All!
John
In 1967, the United States Supreme Court reaffirmed its holding that marriage is a "basic civil right" (aka a Fundamental Right) and, therefore, any restrictions placed upon marriage must be subject to a standard of legal review called strict scrutiny -- the most stringent form of judicial review -- to determine whether such restrictions can be deemed constitutional. "The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men." (Loving v. Virginia, 388 U.S. 1 (1967)) In order to pass a strict scrutiny standard of judicial review, a three-prong test is used:
The law or policy must be justified by a compelling governmental interest;
The law or policy must be narrowly tailored to meet such compelling governmental interest; and
The law or policy must be the least restrictive means of achieving such compelling governmental interest.
There is no compelling government interest in denying gays the right to marry.
John
It's not like that compound in Texas where polygamy was the norm.