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  Friday  June 27  2003    11: 00 AM

gay rights

Yesterday's Supreme Court decision seems to be even bigger than I thought. It's about time.

Sodomy decision opens path to gay marriage

Today's opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned. If moral disapprobation of homosexual conduct is is no legitimate state interest for purposes of proscribing that conduct, and if, as the Court coos (casting aside all pretense of neutrality), [w]hen sexuality finds overt expression in intimate conduct with another person, the conduct can be but one element in a personal bond that is more enduring, what justification could there possibly be for denying the benefits of marriage to homosexual couples exercising [t]he liberty protected by the Constitution? Surely not the encouragement of procreation, since the sterile and the elderly are allowed to marry. This case does not involve the issue of homosexual marriage only if one entertains the belief that principle and logic have nothing to do with the decisions of this Court.

Scalia is right. Any use of consistency and logic would force the court sanction same-sex marriages, and invalidate any attempt to limit the definition of "marriage" to unions between man and woman.

This is huge. Our nation took a huge step today toward eliminating one of the last standing impediments to true equality under the law. Just wait until the press picks this up (they don't seem to have noticed yet).
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