Amendment or Supreme Court Ruling?

The Supreme Court of the United States ruled in Reynolds v. United States (1878) that polygamy is not a Constitutionally-protected right. This has allowed the U.S. government to ban it. Even if the U.S. government didn’t ban, it the ruling allows states to ban it. The only way to ensure the right to polygamy would be for either a new Supreme Court decision reversing the old one, or a Constitutional amendment: the Marriage Equality Amendment. A court reversal could come as part of a ruling about same-sex marriage.

Striking down DOMA in a way that just sends the matter back to the states still leaves all of those states with laws banning gay marriage, polygamy, and consanguineous marriage. If, however, the court rules that the right to marriage should negate not only DOMA but most state marriage bans, that would be great. But what are the chances of that? If it doesn’t happen, then adding an amendment to the American Constitution, which isn’t easy, would be the best way of granting full marriage equality.

Good News on DOMA

In the USA, a federal judge has struck down a federal law, DOMA, that prevented the federal government from recognizing same-sex marriages. Step by step, we're getting closer to marriage equality.

Equality For All, Not Just Some

According to this article about recent events in Washington, D.C., some gay and lesbian activists say that repealing the so-called Defense of Marriage Act of 1996 will bring full equality. I would hope that this is a misinterpretation by the newspaper writer. Unfortunately, it may not be. All too often, our brothers and sisters fighting for marriage rights for same-sex couples stay silent when it comes to the rights of those in consanguineous or polyamorous relationships, or distance themselves from our desire for equality in these areas.

If some of us aren’t free, none of us are free. Let’s work together to promote the true freedom to love and freedom to marry.

Passing a true marriage equality amendment would be a major step in bringing full marriage equality to the U.S., and it would take care of DOMA. I don’t think a piecemeal approach will work.