Justice Anthony Kennedy’s final passage in the majority opinion for the US Supreme Court in Obergefell v Hodges, in which the Court mandated all 50 US states to allow same-sex marriage.
A bit too cheesy for my taste, but I welcome the result.
Even some of the dissenters were magnanimous, like Chief Justice John Roberts in his closing paragraph.
I am not sure I discover a right to marry in the Constitution and I actually don’t think this should be about heterosexual versus homosexual marriage. If the institution of marriage exists, then not allowing Andrew to get married to Paul, while Andrew could marry Paul’s sister Susan (which he might do to have an excuse to hang out with Paul more often), seems to be a clear case of sex discrimination.
Nobody would ever ask Andrew for his sexual orientation when he marries Susan, so why should it matter when he marries Paul? The truth is that millions of gays and lesbians were already married before same-sex marriage first legal became legal. It didn’t cause any harm to anyone, at least not more than marriage generally does.
As a divorce lawyer, I welcome millions of potential new clients!
Love that post :)
Thank you!
Especially the line – “If the institution of marriage exists, then not allowing Andrew to get married to Paul, while Andrew could marry Paul’s sister Susan (which he might do to have an excuse to hang out with Paul more often), seems to be a clear case of sex discrimination.” lol
Legal reasoning can be fun. :-)
The last sentence really ruins everything you know.
It served to remove marriage from the pedestal on which it has been put in this debate.
Well, now there will be some true equality because we’ll also have cases when Andrew marries Paul so that he could hang out with Susan.
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