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Legally Wed: Same-Sex Marriage and the Constitution

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Mark Strasser

Legally Wed:

Same-Sex Marriage and the Constitution

(Ithica, NY: Cornell UP, 1997) 241 pages

(ISBN: 0-8014-3408-8; hardcover)

(ISBN: 0-8014-8429-4; paperback)

(Library of Congress call number: KF511.S77 1997)

An examination of all the legal and constitutional implications

of attempting to prevent same-sex couples

from having legally-recognized marriages.

There is no compelling state interest in prohibiting same-sex marriages.

Contrary to the claims of opponents, same-race marriages were not sullied

when people of different races were permitted to marry each other.

The state need not have the same rules about marriage

as any given church or religious tradition.

Some very liberal religious bodies now celebrate same-sex unions.

And some religions endorse polygamy.

If same-sex marriages were made legal by any government,

no religious organization would be compelled

to solemnize or recognize such unions.

Denying same-sex couples the right to marry

is denying them the "equal protection of the laws".

The "Defense of Marriage Act" is unconstitutional

because it could only have been born out of

animosity toward a certain class of people.

The only people affected are homosexuals.

Usually the federal government has allowed states

to make their own domestic relations laws.

Now the "Defense of Marriage Act" has announced in advance

that only marriages between partners of different sexes

will be recognized by the federal government

--no matter what the states might do in the future.

Congress did not consider a number of unintended consequences

of the "Defense of Marriage Act".

Could couples of the same sex married in one state

declare themselves unmarried

by moving to a non-recognition state?

Would child-support for a same-sex couple now divorced

be uncollectible in a non-recognition state?

The "Defense of Marriage Act" supports bigotry.

It tells young and old alike

that the federal government discriminates against same-sex couples.

What are people to think when they hear of such a law?

Some will think they are justified

in their own discriminatory behavior against the disfavored group.

This book is rather technical in some places,

but it is a very important book.

Its arguments should have been considered

by the Congress and the President

before passing and signing the "Defense of Marriage Act" in 1996.

And now it should be read by all judges

called upon to rule on the constitutionally of that Act.

Eventually, when same-sex marriages are recognized in some form

--such as state laws permitting people to register as domestic partners--

this book will be seen as one that forged the way forward for legal reform.

It definitely presents only the legal arguments favoring same-sex marriage

--as any good lawyer would do.

Contrary views are only presented to be demolished.

It would be interesting to read another book

by an equally intelligent and knowledgeable person

defending such discrimination against same-sex couples.

If you would like to read other books supportive of same-sex marriage,

search the Internet for these magic words:

"SAME-SEX MARRIAGE--FIRST BOOKS".