Today the Supreme Court heard arguments in a challenge to California’s Proposition 8 ban on same-sex marriages. Tomorrow, they will hear arguments for and against the 1996 Defense of Marriage Act, known as DOMA. The law bars federal recognition and benefits for same-sex couples married in any of the states — and there are nine currently — where such unions are legal. (taken from NPR.org)
These are historic days, my friends. This is civil rights in action. MANY people updated their profile image on FB today to a red square with an equal sign in it to show support for marriage equality. It is a small gesture, but one that I made without hesitation.
I simply don’t understand why people are opposed to it. Fear? Anger? Hate? I was talking to Han the other day and wondering out loud if I had been around during segregation if I would have been someone who would have fought against it. I like to think I would have. But this fight is the fight now, and I feel good about where I stand.
One of the arguments to deny same-sex marriage is (again from NPR.org):
“Like proponents of California’s ban on same-sex marriage, the brief also highlights the reproductive ability of opposite-sex couples, arguing that “the core purpose and defining characteristic of the institution of marriage always has been the creation of a social structure to deal with the inherently procreative nature of the male-female relationship.” This inherent difference between same-sex and opposite-sex couples is just one of the rational justifications for their unequal treatment under federal law, according to the brief.”
By that reasoning, if Han & I wanted to get married, we technically shouldn’t be able to because we don’ t want to have children together. And Justice Elana Kagan had a great response to this argument as well (from NPR.org):
Justice Elena Kagan: ” … Suppose a state said that, ‘Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55.’ Would that be constitutional? … If you are over the age of 55, you don’t help us serve the government’s interest in regulating procreation through marriage. So why is that different?”
Charles Cooper, lawyer defending Proposition 8: “Your Honor, even with respect to couples over the age of 55, it is very rare that both couples — both parties to the couple are infertile, and the traditional —
Justice Elena Kagan: “No, really, because if the couple — I can just assure you, if both the woman and the man are over the age of 55, there are not a lot of children coming out of that marriage.”
And besides that, we all understand that women can get pregnant and men can impregnate women without being married, right?
I look forward to their decisions and hope marriage equality for all is given.