Monday, January 11, 2010

The moral and constitutional case for a right to gay marriage

I can't say I ordinarily follow the NY Daily News, but this piece is absolutely to the point.

"To pass constitutional muster, racial discrimination had to survive strict scrutiny' by the courts. Government had to demonstrate a compelling need for its regulations, show they would be effective and narrowly craft the rules so they didn't sweep more broadly than necessary. That same regime should apply when government discriminates based on gender preference. No compelling reason has been proffered for sanctioning heterosexual but not homosexual marriages. Nor is a ban on gay marriage a close fit for attaining the goals cited by proponents of such bans. If the goal, for example, is to strengthen the institution of marriage, a more effective step might be to bar no-fault divorce and premarital cohabitation. If the goal is to ensure procreation, then infertile and aged couples should be precluded from marriage."

More....

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