Gay Marriage: Constitutional Right or An Issue for the States to Decide?

I came across a well reasoned piece published by Washington D.C. attorney, Lanny Davis, that ponders whether or not same-sex marriage is a constitutional right or an issue to be determined by the individual states.  He rightly concludes, I believe, that it is a constitutional right based upon the Supreme Court’s unanimous 1967 decision in Loving v. Virginia.

Davis opines:

[M]y visceral reaction on this issue is: Either a ban on same-sex marriage is a violation of the Constitution or it is not. It can’t be a violation of the 14th Amendment in one state but not in another.

I certainly respect those whose religious faith causes them to oppose same-sex marriage. But our Constitution should not allow religious principles to trump constitutional ones.

My feelings, exactly.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog.  Read my entire disclaimer.

copyright 2012 Irene C. Olszewski, Esq.

 

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