An article published in October’s University of Virginia Law Review takes lays out a pathway for an eventual U.S. Supreme Court opinion on the constitutionality of banning gay marriage.
In the report, according to Cornell University Law School professor Michael C. Dorf, there is no scholarly basis for banning gay marriage under the U.S. Constitution. Dorf explores how bans on marriages and civil unions might be deemed to violate the Establishment Clause or Equal Protection Clause of the U.S. Constitution.
The article drives home the message that restricting the right to marry based on gender is at the very least a policing and stereotyping of sex roles in a manner inferring that gays and lesbians are second-class citizens. At worst, it is homophobia.
Professor Dorf focuses on two analogies: state-sponsored display of the Confederate flag, and the public school teaching of evolution to the exclusion of creationism. But this blogger finds those examples less relevant to the issue of gay marriage than the opinions of the Supreme Court in granting blacks and whites the right to marry each other, Loving v. Virginia; and in requiring blacks and whites be taught in the same classroom, Brown v. Bd. Ed.
The We Are All UVA campaign was started to highlight the diversity found at the Charlottesville based college. And little did they know the impact that would follow when two members of the swim team came out as gay along side three of their teammates in one post. (see the photo above) While only one [...]