No Rational Basis For Limting Marriage To A Man And A Woman

Posted by Jerry Bader on

So said a federal judge Thursday, and of course the NYT is quick to agree. DOMA is unconstitutional the ruling goes, because it violates the equal protection law. No it doesn't, anybody can marry someone of the opposite gender. The argument that the equal protection clause means marriage can include whatever coupling an individual wants, but its very nature, invalidates marriage as it has always been known.

I've made the argument on the air many times; if two men have the right to marry, do they still have the right to marry if they're brothers? Then why not two men and one woman? Why not two brothers and their mother? If this ruling is upheld by SCOTUS, marriage as the institution it has always been will cease to exist. That's not alarmist. It's reality.

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