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No legal precedent for same-sex marriage

Date published: 2/24/2013

No legal precedent for same-sex marriage

If same-sex marriage was legally right, there wouldn't be a good legal argument against it and it couldn't be banned. A few states permit such marriages, but the laws in those states are not properly founded and are unprecedented.

Legal marriage is founded on common law: common-law marriage under license and legal sanction. Same-sex marriage could never exist under common law, so it can't exist under license or legal sanction either.

The Constitution established rule of common law, and it requires all legal matter in the U.S. to be adjudicated under common law and in no other manner. If same-sex marriage were legal, it would be unconstitutional, because legal matters arising from it could not be properly adjudicated in accordance with common law.

The law considers that marriage has two purposes: sex and having children. As same-sex couples couldn't possibly have children in common they couldn't fulfill that purpose of marriage. Same-sex marriage doesn't fit the accepted legal definition of marriage either.

Those who favor same-sex marriage won't be influence by legal logic. People are hardly ever influenced by logic.

The best the law can do is justice; not allowing same-sex marriage doesn't cause substantial injustice. Marriage is a civil liberty and it should be available equally to consenting adults of the opposite sex.

John Sterne