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No constitutional 'right' to gay marriage


Date published: 11/8/2012

No constitutional 'right' to gay marriage

The 2nd U.S. Circuit Court of Appeals recently issued a ruling against the Defense of Marriage Act. The law had support from Republicans and Democrats and was signed by President Clinton. I'm not sure about this particular law but I'm sure that a ban on gay marriage doesn't violate anyone's rights.

With regard to equal protection, everyone has an equal right to marry a consenting adult of the opposite gender. No one has any right to marry anyone of the same gender. Same-sex marriage has just never been considered a lawful right and for all of the time in our history when there was no gay marriage no one seemed to suffer by not having the right.

If the issue of gay marriage goes to the U.S. Supreme Court, the issue should be decided on the basis of the Constitution and the law but both are open to interpretation. The Constitution requires that all legal matters be adjudicated in accordance with the common law. Gay marriage is inconceivable under the common law, so legal cases arising from gay marriage laws could not be adjudicated in a lawful manner. Such laws would also be unprecedented and we should not have unprecedented laws.

European civil law would accommodate gay marriage more easily, but that's not path we want to take in America. European law could force any unprecedented laws on the people, and even judges would not be able to rule against the unprecedented laws.

Tolerance is a good American value. Gay marriage just isn't beneficial to society, and that is why the law doesn't need to protect it.

John Sterne

Falmouth