SCOTUS ruling hollow victory

I am sure by now most of you know about the Supreme Court ruling declaring the bans on same sex marriage in the states that still have them are unconstitutional. While this is certainly a victory for advocates of equal rights, it is a hollow victory.

The ruling declared that the right to same sex marriage was protected under the 14th Amendment’s equal protection clause. This is not accurate. The right to consensual, mutually beneficial arrangements is protected under the 9th Amendment.

The ruling was political and the appeal to the equal protection clause was appealed to justify the conclusion. The court could have just as easily ruled the other way and claim that since gay men and women are legally allowed to marry opposite sex partners, they do have equal protection.

More importantly, there is another reason this is a hollow victory. This ruling maintains the status quo whereby we must seek permission from the state to get married. The ruling merely requires the states to grant permission for same sex couples.

We should be appalled at the very notion that we need permission to marry in the first place. None of these wasteful legal proceedings would have been necessary if people did not have to seek permission to marry in the first place.


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