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Gay marriage and the 14th Amendment

Oct 26, 2014

In her recent opinion, Ms. Openshaw, who touts her love of the U.S. Constitution, urges the governor to fight against equality in marriage. Perhaps she needs to contemplate a bit more. The 14th Amendment to that Constitution clearly limits the actions of state officials. “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” In context, “privileges” means “rights.” Of course marriage is one of a citizen’s greatest rights.

Her phrase “tyranny of the minority” is historically ridiculous. She is surely aware that every argument she uses was used by segregationists to deny African Americans hundreds of privileges. In fact “states rights” was the rallying cry for egregious officials attempting to discriminate and maintain a status quo they also called “tradition.”

Again, the 14th Amendment clearly says, “nor shall any state … deny to any person within its jurisdiction the equal protection of the laws.” Certainly in their religious beliefs people can define marriage any way they want. It is now justice that they cannot impose that definition on everybody which was a genuine “tyranny of the majority.”

– Adrienne Morris, Springville

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