SUPREME COURT, GAY MARRIAGE & POWER

                  THE SUPREME COURT HAS THE POWER

A Supreme Court decision will have the final say in the matter of the constitutionality of whether an identifiable group of citizens in America should be forbidden to marry.  The Justices will determine whether marriage is a basic civil right under the Constitution.  Their decision is the only way that the question of same-gender marriage couples having the same rights that heterosexual couples have under federal laws related to taxes and more.  The Court has the power to decide the issue in a way that equalizes laws regarding marriage privileges and recognition among all states and territories. The key word is "final" instead of "state by state" as presently.

I am a gay American and I deserve all of my rights as a citizen and that includes the right to receive a license to marry from the state in the same manner as a drivers' license is issued.  I believe that marriage and love are the way to pursue my right to life and "the pursuit of happiness" as our country's Declaration of Independence clarifies.  My country gives marriage benefits to Americans who are heterosexual the right to seek happiness by granting the legal right to marry the person whom they love.  We also wish to "pursue happiness" by marriage to the person whom our romanatic and loving heart chooses.  To give us that happiness in no way hurts any other marriage or 'shacking up' allowed under the constitution.

A constitutional amendment is not the answer as shown with Prohibition almost a century ago. Even though every legislature of every state would vote for or against a proposed amendment, the final decision after months or years would be challenged and end up at the U.S. Supreme Court who would then make the final decision. After August 5, 2010, we have learned that the California voters and courts can't "let sleeping dogs lie" on either side of the issue for on that day, the bigots lost in their attempt to forbid gay couples the right to marry.  So, it will eventually go to the U.S. Supreme Court.

If Congress were to pass a law providing all benefits of marriage to same-gender couples in America, the law would be challenged by various states.  Their case would question the constitutional interpretation of states' rights and whether that right is among other rights not stated in the Constitution that, therefore, belong to the states.  In that case, the Supreme Court would be the final decider.  That is the focus of this piece: the final decider.

Some states have passed legislation allowing same-gender marriage.  In each case, the couple receiving the license or permit, whichever is provided by the government entity, usually receives the same rights as all married couples in that state only, not in other states nor in federal government matters. The process of having only a few states provide the right of same-gender marriage would continue to limit the rights should the couple visit or move to states where their marriage is not legally recognized.  As the current trend, it will continue until the Supreme Court is called on to determine whether the constitutionality of the issue is the same for all states and through the federal government. 

Any and all of our democratic processes may work in individual states whether for or against any rights issue, but none of them can settle the matter universally.  Until same-gender marriage is acknowledged as "settled law" by the Court, it will remain in flux.  That is to say, that a Supreme Court decision on the issue will be challenged generation after generation by groups of citizens. Historically, that has happened on issues like Roe Vs. Wade, so it can be expected again.  Like Roe Vs. Wade, it must become "settled law" eventually.

Finally, no group of citizens or states, nor Congress or the President will make the final decision for Americans. In the American democracy, only the Supreme Court can, and WILL, resolve this controversial issue and grant Americans who are not heterosexual to actually have the "right to life, liberty and the pursuit of happiness" with the person of their heart's choice for "marriage" by any name. 


copyright Ann Patterson