The Obama administration is quietly considering urging the Supreme Court to overturn California's ban on gay marriage, a step that would mark a political victory for advocates of same-sex unions and a deepening commitment by President Barack Obama to rights for gay couples.More and more US states are adopting the limited same-gender freedom to marry. Many others have domestic partnerships or civil unions. In the two neighboring countries, Canada has had the limited same-gender freedom to marry and Mexico is moving towards it nationwide. The US, as a country, is playing catch-up. How embarrassing.
I urge President Obama and the Court to boldly, strongly put the US in a leadership role and support protections based on sexual orientation and relationship rights and full marriage equality for all, rather than a piecemeal approach of this freedom to marry or that form of civil union. Equality just for some, or in some aspects but not others, or in this state but not that state, is not equality. The Constitutional principles of equal protection, freedom of association, freedom of religion, and the right to privacy, along with basic fairness, rational reflection, and compassion, necessitate that the US government ensure the rights of all adults.
Supporting relationship rights, including full marriage equality for all, will eliminate the impractical, unjust, and confusing inequalities in the law pertaining not only to some same-gender relationships, but in all adult relationships, including those that are polyamorous or consanguineous. Some of those inequalities include:
1. Utah’s criminalization of polyamory while other states allow polyamory but do not protect polyamorists and deny the polygamous and polyamorous freedom to marry.
2. Some states allowing first cousins to marry monogamously without restriction, other states allowing them to marry with restrictions, some states banning this freedom to marry, and even a couple of states criminalizing sex between first cousins.
3. Some states allowing any adults who are closer relatives their sexual rights with each other while other states ban those rights.
Nobody should fear being arrested and imprisoned for having a consensual relationship with other adults.
Nobody should be denied the freedom to marry other consenting adults.
There are people who love each other, who have been living as spouses, even have children together, who are denied their rights, who need and want full marriage equality.
Please, Mr. President, urge the Court and the American people to support equal rights for all. Please, to those who serve on the Court: end the discrimination.
An adult, regardless of gender, sexual orientation, race, or religion, should be free to share love, sex, residence, and marriage with any and all consenting adults, without prosecution, harassment, or discrimination.
Let’s get on the right side of history sooner rather than later, and put the hate, bigotry, and bullying behind us. Protect the rights of all adults in all states.