Could this simple argument prove key to a pro-same-sex marriage ruling in the Supreme Court?
A simple argument in favour of same-sex marriage has been raised in the Supreme Court, which may allow justices unsure which way to vote to make a decision.
The nine Supreme Court Justices earlier this week heard oral arguments in a ground-breaking case concerning marriage bans in the states of Michigan, Ohio, Tennessee, and Kentucky, in the first large-scale Supreme Court action on the issue since a ruling in 5-4 favour of equality during 2013’s United States v Windsor.
Justice John G Roberts Jr may have found a way to vote for same-sex marriage, by only considering the issue in terms of sexual discrimination, rather than to do with sexuality.
During arguments on the issue earlier this week, Justice Roberts said: “I’m not sure it’s necessary to get into sexual orientation to resolve this case… 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?”
The New York Times suggests the theory, which was considered a few times during earlier proceedings on same-sex marriage across the US, could be a way for the Chief Justice to avoid being accused of being “on the wrong side of history.
The Justices are expected to rule on the issue in June.
MyPinkNews members are invited to comment on articles to discuss the content we publish, or debate issues more generally. Please familiarise yourself with our community guidelines to ensure that our community remains a safe and inclusive space for all.
Report this comment
Please let us know why you would like to report this comment:
The ability to comment will be removed from anyone who does not follow our Terms & Conditions