March with the 38th and the Shore Dems
Marriage Equality
Protect Marriage Equality
In a SCOTUSblog from 2012, Lyle Denniston writes “Two hallowed doctrines in American constitutional law — marriage as a “fundamental right,” and equality as the key to shared freedom — are the foundations of the arguments in favor of
opening marriage to same-sex couples”
(https://www.scotusblog.com/2012/11/same-sex-marriage-ii-the-arguments-
for/).”
In 2015, Obergefell v Hodges was the US Supreme Court’s ruling that required states to issue marriage licenses to same-sex couples and to recognize same-sex marriages. Likewise, the ban on interracial marriage was struck down in
1967 with the Supreme Court’s Loving v. Virginia ruling.
So why would we need to codify marriage equality in the Delaware State Constitution?
Despite “Obergefell v Hodges”, there is still resistance from many in this country to accept gay marriage. We see this from religious organizations and even the Supreme Court now allows businesses to not work with gay couples. Justice Clarence Thomas has actively called for the Supreme Court to reconsider and overturn the ruling. And based on the Supreme Court’s recent rulings overturning issues which were settled law, marriage equality no longer appears guaranteed.
Marriage means different things to different people, but being “married” brings specific legal rights to those who are married. This includes ownership privileges, medical decision making, inheritance and other protective guidelines. Generally, marriage recognizes a commitment between two people to care for one another and their immediate family. This bond of love is not limited to two people of the same race and of different genders/sex.
Love is a universal concept but takes on varied dimensions in each relationship. The government has no business defining and enforcing a specific definition. With the exception when someone’s “love” is harming the other, there is no need for
the government to interfere with someone’s personal choices and relationships. Given the current threat to marriage equality, the need for government to stay out of a person’s personal business (e.g., marriage definition, health care, bodily
autonomy) and the US Constitution which gives equal rights and protections to all Americans (but sometimes fails); it is imperative that the State of Delaware permanently protects marriage equality. This is only possible by incorporating it into our state constitution.
You can express your concerns to Representative Ron Gray by clicking the button.