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Marriage Equality – Because the Constitution Says So . . .

Wednesday, October 1, 2014

Next week marks the start of the Supreme Court’s new Term.  While the Court is already set to hear arguments in cases addressing important issues like religious freedom and criminal rights, much of the news is focused on whether (and, if so, when) the Court may add a marriage equality case to its docket this Term.

Of course, since the Supreme Court last considered this issue in June 2013, lower courts throughout the country have recognized what we at Constitutional Accountability Center have long argued:  the Constitution requires marriage equality for everyone, everywhere.  We argued this in the Supreme Court last time, and we’ve continued to argue it in lower courts throughout the country.

With marriage equality cases continuing to make headlines, and the possibility of Supreme Court review, CAC has just released a new Issue Brief that examines the shifting (and bogus) arguments advanced by opponents of equality, Faulty Federalism: Constitutional Misconceptions in the Newly Emerging Arguments Against Marriage Equality

Opponents of marriage equality have long argued that marriage must be limited to opposite-sex couples to ensure “responsible procreation”—an argument that fell flat at the Supreme Court last time and that has been roundly rejected by the lower courts ever since.  It’s no wonder, then, that marriage equality opponents have de-emphasized that argument in favor of a new (and equally meritless) strategy—claiming that states should be allowed to put equal rights for same-sex couples to a vote and that courts have no business interfering with the election results. 

CAC’s new Issue Brief shatters this argument, explaining that our Constitution protects the equal rights of everyone, including same-sex couples, and gives the courts the job of preventing oppression of minorities by the majority—whether through the legislature or the ballot box.

We will continue to fight for marriage equality until it is recognized as the law of the land in every state, so get up to speed, read Faulty Federalism, and stay tuned for updates from us on what happens next.