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.
[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.
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copyright 2012 Irene C. Olszewski, Esq.