Yesterday a federal judge
overturned a Utah
state constitutional amendment adopted in 2004 that limits marriage to
opposite-sex unions. Who would have thought that this would occur right now in
the Mormon heartland?! I read through much of the judge’s legal opinion this
morning and was pleased to find that he cogently addressed many of the arguments that
have been made over the years by opponents of same-sex marriage.
This ruling may not be the
end of the matter as far as Utah
and gay marriage is concerned, but for the time being, wow! Some excerpts from yesterday’s
ruling:
“The Constitution
guarantees that all citizens have certain fundamental rights. These rights vest
in every person over whom the Constitution has authority and, because they are
so important, an individual’s fundamental rights ‘may not be submitted to vote;
they depend on the outcome of no elections.’ W. Va.
State Bd. of Educ. v. Barnette, 319 U.S.
624, 638 (1943).” (p.17)
“The right to marry is an
example of a fundamental right that is not mentioned explicitly in the text of
the Constitution but is nevertheless protected by the guarantee of liberty
under the Due Process Clause. The Supreme Court has long emphasized that the
right to marry is of fundamental importance.” (p.18)
“The State [of Utah] asserts that
Amendment 3 does not abridge the Plaintiffs’ fundamental right to marry because
the Plaintiffs are still at liberty to marry a person of the opposite sex. But
this purported liberty is an illusion. The right to marry is not simply the
right to become a married person by signing a contract with someone of the
opposite sex. If marriages were planned and arranged by the State, for example,
these marriages would violate a person’s right to marry because such
arrangements would infringe an individual’s rights to privacy, dignity, and
intimate association. A person’s choices about marriage implicate the heart of
the right to liberty that is protected by the Fourteenth Amendment. See Casey,
505 U.S.
at 851. The State’s argument disregards these numerous associated rights
because the State focuses on the outward manifestations of the right to marry,
and not the inner attributes of marriage that form the core justifications for
why the Constitution protects this fundamental human right.” (p.23-24)
“The State points to
Supreme Court cases that have linked the importance of marriage to its
relationship to procreation. … The court does not find the State’s argument
compelling because, however persuasive the ability to procreate might be in the
context of a particular religious perspective, it is not a defining
characteristic of conjugal relationships from a legal and constitutional point
of view. The State’s position demeans the dignity not just of same-sex couples,
but of the many opposite-sex couples who are unable to reproduce or who choose
not to have children.” (p.25)
“The State argues that the
exclusion of same-sex couples from marriage is justified based on an interest
in promoting responsible procreation within marriage. … The State has presented
no evidence that the number of opposite-sex couples choosing to marry each
other is likely to be affected in any way by the ability of same-sex couples to
marry. Indeed, it defies reason to conclude that allowing same-sex couples to
marry will diminish the example that married opposite-sex couples set for their
unmarried counterparts. Both opposite-sex and same-sex couples model the
formation of committed, exclusive relationships, and both establish families
based on mutual love and support. If there is any connection between same-sex
marriage and responsible procreation, the relationship is likely to be the
opposite of what the State suggests.” (p.44)
“The State’s second
argument is that the Plaintiffs are really seeking a new right, not access to
an existing right. … The alleged right to same-sex marriage that the State
claims the Plaintiffs are seeking is simply the same right that is currently
enjoyed by heterosexual individuals: the right to make a public commitment to
form an exclusive relationship and create a family with a partner with whom the
person shares an intimate and sustaining emotional bond. … If the right to
same-sex marriage were a new right, then it should make new protections and
benefits available to all citizens. But heterosexual individuals are as likely
to exercise their purported right to same-sex marriage as gay men and lesbians
are to exercise their purported right to opposite-sex marriage. Both same-sex
and opposite-sex marriage are therefore simply manifestations of one right—the
right to marry—applied to people with different sexual identities.” (p.27-28)
“The Fourteenth Amendment
protects the liberty rights of all citizens, and none of the State’s arguments
presents a compelling reason why the scope of that right should be greater for
heterosexual individuals than it is for gay and lesbian individuals. If, as is
clear from the Supreme Court cases discussing the right to marry, a
heterosexual person’s choices about intimate association and family life are
protected from unreasonable government interference in the marital context,
then a gay or lesbian person also enjoys these same protections. The court’s
holding is supported, even required, by the Supreme Court’s recent opinion
concerning the scope of protection that the Fourteenth Amendment provides to
gay and lesbian citizens.” (p.30)
“As noted in the court’s
discussion of fundamental rights, the State argues that preserving the
traditional definition of marriage is itself a legitimate state interest. But
tradition alone cannot form a rational basis for a law. The traditional view of
marriage has in the past included certain views about race and gender roles
that were insufficient to uphold laws based on these views. And, as Justice
Scalia has noted in dissent, ‘’preserving the traditional institution of
marriage’ is just a kinder way of describing the State’s moral disapproval of same-sex couples.’ Lawrence, 539 U.S.
at 601 (Scalia, J., dissenting). While ‘[p]rivate biases may be outside the
reach of the law, . . . the law cannot, directly or indirectly, give them
effect’ at the expense of a disfavored group’s constitutional rights. Palmore
v. Sidoti, 466 U.S.
429, 433 (1984).” (p.48-49)
“Although the State did
not directly present an argument based on religious freedom, the court notes
that its decision does not mandate any change for religious institutions, which
may continue to express their own moral viewpoints and define their own
traditions about marriage. If anything, the recognition of same-sex marriage
expands religious freedom because some churches that have congregations in Utah desire to perform
same-sex wedding ceremonies but are currently unable to do so.” (p.49)
“Applying the law as it is
required to do, the court holds that Utah’s
prohibition on same-sex marriage conflicts with the United States
Constitution’s guarantees of equal protection and due process under the law. The
State’s current laws deny its gay and lesbian citizens their fundamental right to marry
and, in so doing, demean the dignity of these same-sex couples for no rational
reason. Accordingly, the court finds that these laws are unconstitutional.”
(p.2)
