This Day On The Street
Continue to site right-arrow
ADVERTISEMENT
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here
Cramer's Action Alerts PLUS - See his portfolio and get alerts BEFORE every trade. Learn more NOW!

Supreme Court Asked To Strike Down All Same-sex Marriage Laws In The US

WASHINGTON, Feb. 22, 2013 /PRNewswire/ -- As the Obama Administration is expected to urge the Supreme Court of the United States to support a constitutional right for gay men and lesbians to marry, a member of the bar has filed papers requesting the nation's highest court strike down all the same-sex marriage laws in the U.S. as a violation of the Constitution's protection of free speech and association.

Turning the tables on advocates for same-sex marriage who brought the court challenge to the Defense of Marriage Act, which defines marriage for Federal purposes as a union of a man and a woman, the amicus curiae brief filed by Dovid Z. Schwartz argues that the act of forming and maintaining a marriage is essentially an act of free speech warranting Constitutional protection. 

The Supreme Court has frequently found that the right to freely associate trumps the government's interest in promoting "equality."  Most famous for this principle was the case of Boy Scouts of America v. Dale, where the Court held that the group was not required by New Jersey's public accommodations law to install a gay man as a scoutmaster.  The brief argues that marriage declares to the world that a man and a woman have dedicated themselves to each other, and sends the message, with public announcements and wedding rings, that the married partners are not available to others. 

Laws that create same-sex marriage do more than expand the class of people entitled to government benefits and protections, argues Dovid Z. Schwartz, the Supreme Court lawyer who submitted the amicus curiae brief in support of the Defense of Marriage Act.  Same-sex marriage laws change the message of what marriage means entirely. 

A key aspect of the First Amendment defense of marriage as free speech rests on an understanding that marriage stands for an exclusive relationship, fidelity, where the partners declare themselves off-limits to third parties.   But according to numerous social science studies, even "long-term" relationships between same-sex partners more often than not remain "open" to third parties.  In addition to sending nearly an opposite message about the meaning of marriage as sexual morality, same-sex relationships have been correlated with increased susceptibility to sexually-transmitted diseases due to their open-ended nature.

1 of 3

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Try it NOW
Only $9.95
Try it NOW
14-Days Free
Try it NOW

Check Out Our Best Services for Investors

Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Options Profits

Our options trading pros provide over 100 monthly option trading ideas and strategies to help you become a well-seasoned trader.

Product Features:
  • Actionable options commentary and news
  • Real-time trading community
Try it NOW
Try it NOW
Try it NOW
To begin commenting right away, you can log in below using your Disqus, Facebook, Twitter, OpenID or Yahoo login credentials. Alternatively, you can post a comment as a "guest" just by entering an email address. Your use of the commenting tool is subject to multiple terms of service/use and privacy policies - see here for more details.
Submit an article to us!
SYM TRADE IT LAST %CHG

Markets

DOW 18,096.90 -106.47 -0.58%
S&P 500 2,098.53 -9.25 -0.44%
NASDAQ 4,967.1410 -12.76 -0.26%

Partners Compare Online Brokers

Free Reports

Free Newsletters from TheStreet

My Subscriptions:

After the Bell

Before the Bell

Booyah! Newsletter

Midday Bell

TheStreet Top 10 Stories

Winners & Losers

Register for Newsletters
Top Rated Stocks Top Rated Funds Top Rated ETFs