| No, you try again.
Your argument fails to recognize that the right to marriage is a matter of state law. Rights exist, including the right of a person to be married, only as conferred by law; but once granted, such right may not be infringed without due process and the equal protection of law guaranteed under the Fourteenth Amendment. Loving v. Virginia, 388 U.S. 1 (1967). This is the problem posed by the recent amendment to the Constitution of the State of Texas, as pointed out in Post# 3097, supra. There is no evidence that same-sex marriage can have a deleterious effect on marriage as an institution; the state will still retain jurisdiction over the incidents of the marriage in either case, while the rights of individual will be expanded rather than restricted as with the constitutional amendment limiting marriage between one man and one woman. |