The Colorado Supreme Courtroom, located in Ralph L. Carr Colorado Judicial Center, instructs all 64 Colorado county clerks to issue same-sex marriage licenses. (Photo Courtesy of Jeffery Beall/Wikimedia Commons)
The Supreme Court has decided to address the question of same-sex marriage. Following the recent legalization of same-sex marriage in Florida, there are now 36 states with marriage equality. That leaves 14 states where married same-sex couples don’t receive the same benefits as other couples. The Supreme Court will hear four cases (Obergefell v. Hodges, Tanco v. Haslam, DeBoer v. Snyder, and Bourke v. Beshear) focusing on two aspects of the issue—if a state can ban same-sex marriage and if a state can refuse to recognize a same-sex marriage that was performed in another state. The decision is expected to be made by June 2015. This is a big deal.
Despite lingering excitement, I’m shocked at how tirelessly we’ve had to work to adjudicate something this simple and something that never should have been disputed in the first place. The basic concept of equality has been historically clouded by religious imposition and general ignorance. The answer to this issue, like many others, can be found more easily than the American legal system would make it seem. It all comes down to the Constitution.
You know how most of your suburban childhood (when you learned that America was the greatest country in the world) involved subduing to patriotism as it swung like a baseball bat swiftly against your ribcage? If you were raised in this country, you were probably raised with the idea that the U.S. was founded on equality. By now, most of us have trudged far enough out of our starry red, white ‘n’ blue haze to know better. The Constitution declares equal treatment to all citizens, yet, equality is more of a fantasy than anything else. Since the Loving v. Virginia case in 1967—when the Supreme Court decided to allow marriage among people of different races—marriage freedom has been understood as crucial to fulfilling the guarantees of the 14th Amendment. Why, then, are people legally denied their right to marry on the basis of religious confusion and colonial perceptions of fairness? To say this kind of injustice is baffling would be an understatement. In 50 years we’ll look back and consider this a barbaric time. Yes, I’m glad the Supreme Court is finally speaking with regard to a crucial justice issue. The irony, if you haven’t caught on, is that we’re the “land of the free,” but we don’t let some people get married because two boys kissing is “icky.”
I don’t care what your Bible says. I don’t care if your son or daughter’s sexuality makes you insecure in your traditional notions of parenthood. The fact of the matter is that the Constitution places equality above all else. When something allows for unequal distribution of rights, that thing is inherently unconstitutional. That’s the bottom line. It’s unfortunate that this concept wasn’t fully understood the moment God blew a kiss, the earth shook, and dust settled revealing a flashing neon sign displaying U.S. of A, but at least we’re getting closer to fulfilling the true American dream. I’m hopeful that we’ll all eventually have a shot at life, liberty and the pursuit of happiness.
