One Man, One Woman And All That Jazz



I don't know much about U.S. District Court Judge Barbara Crabb just struck down the Gay Marriage ban in Wisconsin and I love the opinion she issued in doing so. This federal judge apparently thinks state officials have a thing or two to learn about the history of marriage as a social institution.
In defending their same-sex marriage ban, state officials claimed that "virtually all cultures through time" have recognized marriage "as the union of an opposite-sex couple." 

But as U.S. District Court Judge Barbara Crabb wrote in her 88-page ruling on Friday, that's simply not true.

"As an initial matter, defendants and amici have overstated their argument. Throughout history, the most 'traditional' form of marriage has not been between one man and one woman, but between one man and multiple women, which presumably is not a tradition that defendants and amici would like to continue," Crabb wrote in her opinion.

History alone wasn't enough to justify a ban on same-sex marriage, Crabb said. "Like moral disapproval, tradition alone proves nothing more than a state's desire to prohibit particular conduct," she wrote, citing Justice Antonin Scalia's dissent in a 2003 sodomy case, which stated that "'preserving the traditional institution of marriage' is just a kinder way of describing the State's moral disapproval of same-sex couples."

Crabb also pointed out that tradition was used as an argument to keep women from voting.  The ruling states,"I conclude that the Wisconsin laws prohibiting marriage between same-sex couples interfere with plaintiffs’ right to marry, in violation of the due process clause, and discriminate against plaintiffs on the basis of sexual orientation, in violation of the equal protection clause."

The ruling goes on to say, "This case is not about whether marriages between same-sex couples are consistent or inconsistent with the teachings of a particular religion, whether such marriages are moral or immoral or whether they are something that should be encouraged or discouraged. It is not even about whether the plaintiffs in this case are as capable as opposite-sex couples of maintaining a committed and loving relationship or raising a family together. Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution."

It's worthwhile to note that gay-haters have lost every case since the Supreme Court issued its ruling striking down Prop 8 in California.
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