Thursday, October 22, 2009

Medved's (A Yale Law School Grad) Short Note on Gay Marriage

Discrimination Versus Distinctions

Posted by: Michael Medved at 1:16 PM

A justice of the peace in Louisiana drew universal condemnation by refusing to marry an interracial couple. Gay activists insist his bigotry is comparable to resistance to same-sex weddings, but this analogy blurs the difference between unconstitutional discrimination and acceptable distinctions.If a white man can marry a white woman, you can’t deny an African American the same right based solely on race; that directly denies the equal protection guaranteed in the 14th Amendment.

But a gay male already has exactly the same rights as a straight male: they can both marry a woman, but neither can marry another man. That distinction isn’t based on sexual orientation, or race—it’s based on gender. And different treatment based on sex is constitutional—as in only men signing up for the draft, or custody- case favoritism for females, or even separate male/female bathrooms.

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