Same-Sex Marriage and States’ Rights

A number of critics of the U.S. Supreme Court ruling legalizing same-sex marriage maintain that state legislatures should make the decision. That may very well be the appropriate course of action. It is unclear whether opponents of same-sex marriage believe that it is unconstitutional for the issue to come before the Supreme Court or that they merely object to the outcome of the Supreme Court’s ruling.

I suspect that opponents of same-sex marriage believe that the states may be more likely to arrive at a judgment that they support. Otherwise, sending the decision to the states would be meaningless. This raises an interesting question. What if a given state legislature votes in favor of same-sex marriage?

Would opponents of a same-sex marriage retreat into smaller political divisions of territory until they found a group that shared their beliefs? If so, this approach would undoubtedly splinter America into tiny tribes. Tolerance of seemingly difficult or unpleasant situations is important in diverse societies.

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There are likely differing opinions within a single state as well as a family. People do not need to agree on everything to peacefully coexist. In America, there are legal entitlements that are considered inalienable and thus immune to the will of the majority. As the final judicial arbiter on matters of federal law, the Supreme Court ruled that same-sex marriage is one of them.

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In my view, a ruling that extends the greatest degree of liberties to the largest number of people without directly infringing on the rights of individuals is consistent with America’s values.

Even so, I imagine that there will always be passionate disagreement over the legitimacy of same-sex marriage. Hopefully, those that oppose it will take comfort in the fact that their ability to enter into a legally recognized union has remained the same. The freedom to practice whatever religion one chooses does not change how an individual defines God. In the same way, the freedom to marry someone of the same gender ought not to change how an individual defines marriage.

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