LetÂ’s review the more common arguments against allowing same-sex couples access to marriage laws and why these arguments fail.
Marriage is Sacred and a Sacrament
Irrelevant.
As the Constitutional mandate applies only to public sector jurisdictions, no religious institution may be compelled to administer religious marriage rituals to same-sex couples.
Marriage is for Raising Children; Gay Couples are Unnatural & Unnatural Unions Cannot Be Marriage
False.
As already established, if same-sex couples are prohibited from marriage for this reason then infertile opposite-sex couples must be excluded from marriage for the same reason.
Gay Marriage Will Undermine the Institution of Marriage.
False.
Marriage is a union between equals, gender is irrelevant; a marriage contract is an agreement between
two equal parties to make a commitment to each other, in exchange for which they are entitled to stipulated benefits and privileges as provided by law.
Gay Marriage is Incompatible with Religious Liberty
False.
Allowing same-sex couples equal access to marriage law as required by the 14th Amendment in no way interferes with ‘religious liberty.’ Obeying the Constitution in this matter infringes on no religious tenet, no person of a given faith is compelled to enter into a same-sex marriage contract against his will, and no religious institution is required to allow same-sex couples access to their marriage rites.
Marriage as a Cultural Symbol
Irrelevant.
The Supreme Court has held that because something is perceived to be ‘historic’ or ‘traditional’ does not justify that practice to be continued if found offensive to the Constitution. See:
Bowers v. Hardwick
That marriage has ‘always been’ between a man and a woman is legally immaterial. If that were a valid argument then segregation and miscegenation would still be legal, as some might well consider both ‘traditional.’