A crazy idea ... could banning gay marriage be considered gender discrimination?

[BattyDem]

I posted this idea in another thread ...


I've always wondered ... would it be possible to approach this from a "gender discrimination" angle? Think about it. The only reason a man cannot marry another man is because of the gender of one of them. Couldn't each of them file a lawsuit claiming they're being denied their rights because of their gender? "I can't marry this man because I'm not a woman."

I know it sounds nuts, but if marriage is defined in some states as "the union of a man and a woman" aren't two men (or two women) being discriminated against because of the gender of one of them? After all, under the law, marriage is a legal contract. Religion or the blessing of a church can be a part of it if the couple desires, but it's not required by law. So why is there a gender requirement?

Comments? :hide:

[Orsino]

1. Yes, it is...

...besides being discrimination that targets sexual orientation.

[waiting for hope]

2. I would prefer to see that everyone -

all people, male and female, receive equal rights. Until there is a level of tolerance and acceptance by the majority, no matter what angle you throw at it, it will not be enough.

[aquart]

3. Okay, I completely love that.

I am so sorry Boston Legal is leaving us. This would be a perfect case for them.

[Aloha Spirit]

4. I'm a fan of this...but think it wouldn't work since men and women are both discriminated against.

And that neither men nor women are singled out.

It's different with inter-racial marriage because of the documented and codified anti-white discrimination at the time.

[readmoreoften]

5. Consider the issue of Christie Lee Littleton. She is only allowed to marry men in one town and

women in another because she is intersexed. And there are tens of thousands of women born in the US with her condition.

[RedCappedBandit]

6. It is gender discrimination

especially considering transgendered persons.

good post!

[LoveIsNow]

7. Yes, and the other guys know it

That's why they won't pass the ERA. It would say that men and women are equal in the constitution, therefore marriage would be between people - not men and women, and anything (state amendments, etc.) going against that would be invalidated.

[deepthought42]

8. Absolutely.

I've always believed it is denying rights to a group of people based on their sexual orientation, which does have to do with gender. It is discrimination, and that's what pisses me off about it, that people can be SO hateful towards others...