Marriage and the Family, Nurture or Torture?


The Constitutional Precedents For Marriage Equality

The recent Supreme Court decision, Obergefell, et al v Hodges, gave same-sex couples the Constitutional right to marry in the United States.

In his majority opinion, Justice Anthony Kennedy cites the many Supreme Court decisions that expanded the inclusiveness of marriage to a wider variety of same-sex couples and individuals—prisoners, interracial couples, and men behind in their child support payments—all of whom sought the right to marry, not because of their unique status, but, as Judge Kennedy makes eminently clear, because of the “right to marry in its comprehensive sense.”

Kennedy also cited decisions protecting the rights of homosexuals.

These two legal approaches were the guiding forces in leading the majority opinion to end the last legal barrier to “equal protection” and “due process” for same-sex “intimacy”—- all state laws prohibiting same-sex marriages. In addition, states will be Constitutionally compelled to honor all marriage licenses given out-of-state.

Aside from the legal and Constitutional issues framing the majority opinion, Justice Kennedy included in his statements a wide array of assumptions about marriage. Continue reading


Magdalene (17)

I remember you, George,
Tired as a rain-sotted leaf,
Flat against the pavement,
Gold in its surrender
To the dazed snow
Of your hospice days.

“Worn out,” you said,
The day before
Relinquishing the final gift
You thought you had in me.

I could not forgive your letting go
To leave me hanging in my guilt,
Forgetting you so quickly
In those brittle days
After whispering your last breath .