By Bob Bradley
In June the Supreme Court will make a momentous decision on the right to marry. It will address whether states can ban same-sex marriages and if they have to recognize such marriages granted in other states. Currently, 37 states and the District of Columbia permit same-sex marriages. And over 60% of the general public now approves this type of marriage. This is a major change in public opinion and state law in just over a decade.
However, a change in societal attitudes toward same-sex marriage, just like strongly held moral and religious beliefs, should not influence the Court’s decision. To maintain its integrity as a neutral and impartial decision-maker the Court in making its ruling must rely on prior decisions and the Constitution.
Over the years in many decisions the Court has declared a fundamental right to marriage. Yet in all those decisions the Court has not once ruled that a marriage has to be between a man and a woman.
And the Constitution provides clear guidance as to the legal actions that states can take in regard to same-sex marriage. States can pass no laws impairing the legal obligation to contract and must provide full faith and credit to the judicial proceedings of other states. Thus if a same-sex couple is married in one state, then according to the Constitution all other states must treat them as married.
Further the equal protection clause of the Constitution requires states to provide a major justification to permit discrimination against a group of people. Subject to facts and reason, procreation and respect for tradition are not sufficient to prevent same-sex couples from marrying.
The Court must end state discrimination against same-sex marriage now and move the nation more toward realizing the ideal of equal justice under the law.
Bob Bradley is a professor emeritus from Illinois State University where he primarily taught law-related courses in the political science department for 30 years. He did a weekly-segment for WJBC on politics and law for more than a decade. He also co-hosted a live- radio show from the Democratic and Republican national conventions in 2008, and reported live from the 2012 Republican convention. Currently, he serves on several community boards, does volunteer work, enjoys golf and fishing, and likes landscaping and bird-watching. He is married to the love of his life, Reenie, and has one daughter, Erin.
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