Balkinization  

Monday, June 06, 2005

A New Marriage Decision (for Heterosexuals)

Ian Ayres

A little over one year ago, the Massachusetts Supreme Judicial court made history with its 2004 decision in Goodridge, generating a new option for gay couples: marriage. We all know the controversy (and state constitutional amendments) these changes have wrought. Much of the focus has been on same-sex couples and their choices: will they travel to marry? Will they seek to transport their marriages across state lines and impose them on unwilling home states?

Less noted has been the new and difficult choice presented to heterosexual couples: Now that it is possible to marry in a jurisdiction that does not discriminate on the basis of sexual orientation, is it moral for heterosexuals to marry in discriminating states?

Here's my answer.

Comments:

sometimes i think we all tend to overthink an issue a bit too much.

i will start off by saying that i am all for granting gay couples the right to marry, and have, hold and do whatever heterosexual couples are allowed to do by law. i am amazed in conversations with some of my friends and colleagues over their statement that allowing gay couples full marital rights will destroy the institution of marriage. i have yet to see how the marriage of a gay couple would effect the marriage and the rights within of any heterosexual couple anywhere, and would invite anyone to show me how it would.

this having been said, i sincerely doubt that there is a single heterosexual couple anywhere that is planning on getting married, who is giving even a shred of thought to whether or not their jurisdiction allows gay marriage. frankly, i would think that as their marriage approaches, they would have more immediate, pressing personal issues to deal with than that. it's a nice academic discussion that i do not believe approaches just about anyone's radar in the real world.
 

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