Arguments against gay marriage are specious protestations of the ignorant and prejudiced. The equal protection clause of the U.S. Constitution was intended precisely for the purpose of dealing with issues such as same sex marriage. That provision of the Bill of Rights is fundamental to our democracy and the guiding principle that all individuals receive equal treatment under both federal and state laws.
Our Bill of Rights also has a provision requiring Freedom of Religion, which too is a core value of our political system and amazing country. The U.S. has a great history of sending our citizens to fight for people victimized because of their religion. We never liked tyrants, they are anti-American. Therefore, while same sex marriage or homosexuality in general may be contrary to some people’s religious views, our constitution requires the tolerance of views divergent from our own. We have sent our kids abroad to die for those constitutional principles. Today, there are gay U.S. soldiers who put their lives on the line for those freedoms. (If gays can die for this country, they certainly should be permitted to marry in this country)
The Supreme Court will split on this issue. Scalia and at least 3 other Justices will take the position that the Court is not a super-legislature and, therefore, must leave the issue to Congress and the individual states. That is concealment code for the fact that they are prejudiced against gays and same sex marriages. Behind all the rhetoric, it really reduces to just that. The opponents of same sex marriage want their “moral” views to supersede the views they just don’t like. In other areas, Justice Scalia does not invoke the hands off doctrine when it suits his purpose and his own particular views. He is transparently a utilitarian jurist who uses smokescreen rhetoric to disguise his result-oriented approach and antipathies.
The decision will be per curiam, but if the Court decides the case on constitutional principles rather than fear and prejudice, same sex marriage will be mandated under the fourteenth amendment.
Here is one example of the kind of kids that might come out of same sex unions: