by Cambridge on Tue Apr 22, 2008 7:37 am
Um, yer…that’s the relaxed review standard of equal protection analysis. Is there a rational basis for a law that excludes gays from the ranks of those entitled to marital status. Certain states have been flip-flopping like a fish outta water to establish a basis for heterosexual marriage, such that they can say it does not justify gay marriage. They argue religion, but in the US that is contrary to the 1st Amendment prohibition of a church-state relationship. They argue history/tradition, and then find that throughout most of history, polygamist marriages have been the norm. Opps. Besides, what legal effect does history or tradition have, anyway? Then, like hairy back, they center on the children and argue that the welfare of the children somehow mandates a heterosexual marriage. Except, it isn’t true. No scientific study supports what hairy back contends, that children require a heterosexual parental arrangement.
You’re a lawyer. Snoop around the ideas and you’ll see what I mean. The purpose of marriage in the eyes of Anglo-American law has never been defined….and probably cannot realistically be defined.