Since last year, the progress toward marriage equality has been nothing less than stunning. Nearly a year ago, the Supreme Court granted full federal recognition of married same-sex couples in declaring the federal Defense of Marriage Act (DOMA) unconstitutional. In rapid succession since then, federal judges in 13 states have overturned their state’s respective bans on same sex unions. The latest was last week in Pennsylvania, when Judge John E. Jones III, a G. W. Bush appointee, overturned the ban, writing, “We are a better people than what these laws represent.” Because Republican Gov. Tom Corbett has declined to appeal the judge’s decision, Pennsylvania is now the 19th state to legalize same-sex marriage.
Federal judges have ruled against the bans as diverse as Idaho, Illinois, Indiana, Kentucky, Michigan, Ohio, Oklahoma, Oregon Tennessee, Texas, Utah and Virginia. Gay marriage isn’t just for blue states anymore.
One of the most eloquent statements against the bans was issued earlier this month by Arkansas federal judge Chris Piazza, who argued that state’s ban violates the Fourteenth Amendment to the U.S. Constitution. “Procreation is not a prerequisite in Arkansas for a marriage license,” he said. “Opposite-sex couples may choose not to have children or they may be infertile, and certainly we are beyond trying to protect the gene pool. A marriage license is a civil document and is not, nor can it be, based upon any particular faith. Same-sex couples are a morally disliked minority and the constitutional amendment to ban same-sex marriages is driven by animus rather than a rational basis. This violates the U.S. Constitution.”
Authored By David Lampo – See the Full Story at Politico
