Supreme Court to review same-sex marriage cases as LGBT hope to prevail

Will the LGBT Community Receive Equality Under the Law?

Supreme Court to review same-sex marriage cases as LGBT hope to prevail in the courts

The Supreme Court will review two legal issues this week involving same-sex marriage.

One will be California’s proposition 8 which is a total ban on the issue.  The other is the so called “Defense of Marriage Act” which defines marriage as a right only existing between a man and a woman.

Both are obviously un-Constitutional because they are absolutes and violate freedoms of equality and equal protection under the law.  But that doesn’t mean the Court will see it that way.

There are last minute efforts by some homophobic groups to influence the Court to uphold these laws by comparing them to 1973’s Roe vs. Wade.

Although it has been 40 years since women were given the right to have an abortion, emotions continue to run high in 2013.  The rancor can be capsulized into the single fact that the ruling gave women the right to control what happens with their own bodies and deny religious groups the ability to supplant their rights.

The Court rightfully decided that religion has no place in our Constitutional decisions.  Freedom from religious persecution was at the very forefront of our country’s origin.

Comparing the rights of same-sex couples to have equal rights and protection under the law to Roe vs. Wade is ludicrous.

Abortion is contentious because there is a question in the minds of many as to the moment in time when a fetus becomes human life.  And, although I am adamant about a woman’s rights to her own physicality, I am able to completely understand the opposition to abortion by those religious.  But, it is merely a religious belief, it is not a position protected by our Constitution.

Same-sex marriage is a Constitutional issue because it is about equality.

Less than 10 years ago only 30% of the American public supported a civil union between the gay and lesbian community.  Today, over 60% support same-sex marriage.

Prominent Republicans and big business have also begun to rally behind their cause.  It is the right thing to do, but difficulties created in the workplace have moved them to reverse their positions.  Forced into establishing different rules for their employees has created a discriminatory situation.

The bottom line is, that is the entire issue.  Disallowing equal rights for all people is pure discrimination.

The argument that the issue has any reasonable comparison to abortion is science fiction.  An issue concerning “life” versus an issue of equal protection under the law are not comparable.

The acceptance of the LGBT community to marry and live lives similar the rest of Americans is harmless.  In fact, is solidifies our country with a recognition of equal rights for every citizen as was originally intended.

Homophobia is a recognized illness.  It is a psychological disorder.  Fearing a group based entirely on their sexual orientation makes no sense.  The LGBT community is non-violent, and non-aggressive.  Their time has come. The only question on the minds of fair-minded people is will the Supreme Court decide to abandon The Bill of Rights, or will the U.S. Constitution prevail after all.

James Turnage

Columnist-The Guardian Express

 

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