I am surprised that the discussion about same-sex marriage hasn’t spawned a more discerning analysis of the loving relationship between consenting adults of the same sex and the similar relationship between men and women wishing to marry. The Supreme Court needn’t declare marriage open to all to protect both married couples as we have understood that term for centuries, and those others who wish to share the privileges under the law.
They only need to sort out those substantial privileges of a financial nature provided by law and indicate that under the Constitution individuals may not be discriminated against receiving them by reason of sex.
Marriage is the oldest sacrament and should be thought of as reflecting a religious ceremony. Everything else is a domestic partnership and even marriage itself is such for purposes of the law. This protects those who view it as protected under the First Amendment while complying with the Fourteenth Amendment.
Robert E. Freer, Jr.
Free Enterprise Foundation