(Reuters) - The U.S. Department of Justice on Tuesday (September 11, 2012) asked the Supreme Court to consider two additional legal challenges to a federal law that defines marriage as between a man and a woman, after submitting similar cases for review in July.
The two petitions filed by the department urge the high court to consider at least one gay marriage case in the near future to determine whether Section 3 of the Defense of Marriage Act violates legally married same-sex couples' rights by treating them differently than heterosexual couples. http://news.yahoo.com/u-asks-supreme-court-consider-two-more-gay-005447198.html
Here is my response:
Judaic-Christian (or any other religion) precepts have no place in American Jurisprudence. Marriage between two consenting adults is an issue of fairness. If it is legal for the majority, then it is protected by the 14th amendment for the minority. "No state shall ... deny to any person within its jurisdiction the equal protection of the laws." The language is plain and unequivocal. Attempts to introduce gender with the words of "one man, one woman" is inherently unconstitutional. Strict constructionist have to gyrate through Mosaic laws to find otherwise. It is a slippery slope when one starts to inject religion into the secular world of laws. Defense of Marriage Act was pushed through as a Congressional statute to provide political cover for politicians and pander to religious fundamentalists. Let's find statutory refuge in the Qu'ran or the Bhagavad Gita or some other theology. Get out of the business of limited government and create 50 smaller theocracies. Hmmm. Which states get to be Catholic, which Jewish, and don't forget to give Utah to the Mormons.