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Why Banning Same Sex Marriage Is Unconstitutional

February 8, 2012

banning same sex marriage is unconstitutionalIn 2008 the California Supreme Court confirmed that outlawing same-sex marriage (proposition 8) is unconstitutional. Today the 9th Circuit Court of Appeals upheld that ruling. The reason it is unconstitutional is because of the reasoning above rather than because of “religious” implications.

Does this argument work? I think so.

Some people argue that homosexuals have a right to get married to someone of the opposite sex, just like everyone else. Therefore, they have “equal rights.” However, the same arguments could (and probably was) given back when the government wanted to ban interracial marriage. A black person could marry other black people and white people could marry other white people. Their rights were “equal.” But the problem was that people’s rights weren’t really equal. Anyone who wanted to marry someone outside her race couldn’t do so, and now anyone who wants to marry someone of the same gender can’t do so. Their interests are oppressed in quite similar ways.

Everyone should have the right to get married unless there’s a sufficiently good reason to stop them. There is no good reason to stop same-sex marriage from happening. It doesn’t hurt anyone. You do not have a right from being offended.


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