Tuesday, November 18, 2003
It is rare, perhaps, when supporters of an unjust and unconstitutional position feel emboldened enough to try to change the constitution. Doing so will require resorting to explicit claims from a religious morality inconsistent with the foundation of a state capable of protecting the rights of minorities. As I've argued before, the best we can do is a secular state that can exercise equal protection. Now it may be that some people do not think themselves equal to others. And they may have religious or cultural basis for such an opinion. One may even believe that the world would be better if we were treated unequally with respect to their own valuations. But none of that matters. The claim for equal protection of same-sex unions is no different in its time, truly, than the claim for equal protection of interracial unions. That we have no constitutional amendment restricting the latter right should chasten those who would push for one restricting the former.