Justice Roberts revives an old argument that could save gay marriage
The gay rights movement has spent years trying to convince judges across the country that prohibiting same-sex marriage discriminates against gays and lesbians solely because of their sexual orientation.
But on Tuesday, a surprising question from Chief Justice John Roberts revived a very different legal strategy that the gay rights movement had all but abandoned.
Roberts, who generally sides with the court’s conservatives, asked John Bursch, who was defending Michigan’s same-sex marriage ban, whether the law discriminates against people based on their gender.
“Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case,” Roberts said. “I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference is based upon their different sex. Why isn’t that a straightforward question of sexual discrimination?”
Bursch responded that he believed the government can legally draw lines based on sex if it’s related to biology, such as the ability to procreate. But Justice Ruth Bader Ginsburg disagreed with his interpretation, interrupting his rebuttal.
https://www.yahoo.com/politics/justice-roberts-revives-an-old-argument-that-could-117640176486.html
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... I think! 