Same-Sex Marriage, Tradition and the Status of Women

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If women are equal under the law, then a ban on same-sex marriage is legalized discrimination. That was part of last week's ruling against Proposition 8 in California. Federal Judge Vaughn Walker relied more on the women's movement than he did on gay rights. Are his arguments likely to fly in the US Supreme Court? Is marriage a union of equals? What about the basic traditions of major religions? Are voters wrong to assert those values over the strict rules of law? Should the tyranny of the majority prevail over minority rights? Should such decisions be made by judges or by the political process? We look at some of the basic disputes set off by Walker's decision as it begins the long road through the federal courts.




Warren Olney