--- [ ARCHIVE ](https://www.citywatchla.com/index.php?option=com_content&view=category&id=16) # Stripping Bare the Arguments against Marriage Equality ![](https://www.citywatchla.com/images/stories/May-2015/040p.png)OTHERWORDS-What’s the marriage equality debate really about? Proponents see it as a question of equality. There’s no reason, they say, not to let loving, same-sex couples wed. Opponents frame the issue as a fight over whether the courts have the right to change their definition of marriage — one purportedly embraced for thousands of years. Although a [clear majority](http://www.pewresearch.org/data-trend/domestic-issues/attitudes-on-gay-marriage/) of Americans now support same-sex marriage, the longevity of discrimination appears to have [some traction](http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-556q1_7l48.pdf) among Supreme Court justices considering the issue. Even the liberal Justice Stephen Breyer seemed disturbed by the “millennia” issue in arguments before the court. The one-man, one-woman definition of marriage “has been the law everywhere for thousands of years,” Breyer suggested uneasily to lawyers arguing for marriage equality. And “suddenly you want nine people outside the ballot box” to change that. Breyer seems to have forgotten that the nine people on the Supreme Court have changed many things about our society. Ignoring the ballot box and the desires of most Americans, they found that [school segregation](http://learning.blogs.nytimes.com/2012/05/17/may-17-1954-supreme-court-declares-school-segregation-unconstitutional-in-brown-v-board-of-education/) violated the constitutional rights of African-American children and struck it down. Nine people decided that the laws [limiting marriage](https://www.aclu.org/loving-v-virginia-case-over-interracial-marriage) to people of the same race violated our Constitution as well. But as for “traditional” marriage, Justice Anthony Kennedy [asserted](http://www.washingtonpost.com/news/post-nation/wp/2015/04/28/supreme-court-hears-arguments-in-same-sex-marriage-case-obergefell-v-hodges-today/), “This definition has been with us for millennia. And it’s very difficult for the court to say ‘Oh well, we know better.’” Actually, we do know better. Beliefs hallowed by tradition have included the legitimacy of slavery, hatred of Jews, and male dominance of government and society. Here are some other pernicious beliefs with lengthy pedigrees: that whites are superior to people of color, that the upper classes are a better breed than everyone else, and that women have no separate legal existence or rights apart from their husbands. In most societies, for most of recorded history, marriage was basically the institution through which a man possessed and controlled his wife — or wives — to ensure the suitable inheritance of his property and power. Does that matter in the 21st century? In much of the world, including our own country until quite recently, the law also allowed men to [rape their wives](http://www.criminaldefenselawyer.com/marital-rape-laws.html) with legal impunity. Should the courts that first struck down this traditional “right” have been daunted by the fact that it had been that way since time immemorial? {module \[1177\]} Some of the bygone features of marriage were changed by voters, others by judges. In our constitutional system, judges have the power — and the duty — to recognize people’s rights. That’s true even when it’s unpopular, and even when a malign discrimination has a long history. This means that the Supreme Court must address the one fundamental question at issue: Is there any good reason why people of the same gender *shouldn’t* be allowed to marry each other? In the end, the case against same-sex marriage rests on some people’s belief, no longer shared by most Americans, that God is against it. Those who believe this have no right to impose their view on society. Whether it’s religious or secular, recent or ancient, naked bias can’t justify denying anyone the right to the equal protection of the law guaranteed by our Constitution. The Supreme Court should rule accordingly. *(Mitchell Zimmerman is an attorney who lives in Northern California. He supplements his work as a Silicon Valley intellectual property lawyer with pro bono work on behalf of the underrepresented. Provided CityWatch by [OtherWords](http://otherwords.org).)* Written by Mitchell Zimmerman on December 31 2015. [](https://www.addtoany.com/share) ![](https://www.citywatchla.com/images/stories/May-2015/040p.png)OTHERWORDS-What’s the marriage equality debate really about? Proponents see it as a question of equality. There’s no reason, they say, not to let loving, same-sex couples wed. Opponents frame the issue as a fight over whether the courts have the right to change their definition of marriage — one purportedly embraced for thousands of years. Although a [clear majority](http://www.pewresearch.org/data-trend/domestic-issues/attitudes-on-gay-marriage/) of Americans now support same-sex marriage, the longevity of discrimination appears to have [some traction](http://www.supremecourt.gov/oral_arguments/argument_transcripts/14-556q1_7l48.pdf) among Supreme Court justices considering the issue. Even the liberal Justice Stephen Breyer seemed disturbed by the “millennia” issue in arguments before the court. The one-man, one-woman definition of marriage “has been the law everywhere for thousands of years,” Breyer suggested uneasily to lawyers arguing for marriage equality. And “suddenly you want nine people outside the ballot box” to change that. Breyer seems to have forgotten that the nine people on the Supreme Court have changed many things about our society. Ignoring the ballot box and the desires of most Americans, they found that [school segregation](http://learning.blogs.nytimes.com/2012/05/17/may-17-1954-supreme-court-declares-school-segregation-unconstitutional-in-brown-v-board-of-education/) violated the constitutional rights of African-American children and struck it down. Nine people decided that the laws [limiting marriage](https://www.aclu.org/loving-v-virginia-case-over-interracial-marriage) to people of the same race violated our Constitution as well. But as for “traditional” marriage, Justice Anthony Kennedy [asserted](http://www.washingtonpost.com/news/post-nation/wp/2015/04/28/supreme-court-hears-arguments-in-same-sex-marriage-case-obergefell-v-hodges-today/), “This definition has been with us for millennia. And it’s very difficult for the court to say ‘Oh well, we know better.’” Actually, we do know better. Beliefs hallowed by tradition have included the legitimacy of slavery, hatred of Jews, and male dominance of government and society. Here are some other pernicious beliefs with lengthy pedigrees: that whites are superior to people of color, that the upper classes are a better breed than everyone else, and that women have no separate legal existence or rights apart from their husbands. In most societies, for most of recorded history, marriage was basically the institution through which a man possessed and controlled his wife — or wives — to ensure the suitable inheritance of his property and power. Does that matter in the 21st century? In much of the world, including our own country until quite recently, the law also allowed men to [rape their wives](http://www.criminaldefenselawyer.com/marital-rape-laws.html) with legal impunity. Should the courts that first struck down this traditional “right” have been daunted by the fact that it had been that way since time immemorial? {module \[1177\]} Some of the bygone features of marriage were changed by voters, others by judges. In our constitutional system, judges have the power — and the duty — to recognize people’s rights. That’s true even when it’s unpopular, and even when a malign discrimination has a long history. This means that the Supreme Court must address the one fundamental question at issue: Is there any good reason why people of the same gender *shouldn’t* be allowed to marry each other? In the end, the case against same-sex marriage rests on some people’s belief, no longer shared by most Americans, that God is against it. Those who believe this have no right to impose their view on society. Whether it’s religious or secular, recent or ancient, naked bias can’t justify denying anyone the right to the equal protection of the law guaranteed by our Constitution. The Supreme Court should rule accordingly. *(Mitchell Zimmerman is an attorney who lives in Northern California. He supplements his work as a Silicon Valley intellectual property lawyer with pro bono work on behalf of the underrepresented. Provided CityWatch by [OtherWords](http://otherwords.org).)* [![](https://www.citywatchla.com/images/ME%20DENTAL%20SPA/me%20dental%202026%20final.jpg)](http://medentalspa.com/) ![](https://www.citywatchla.com/images/banners/signup-for-cw.png) ## Get The News In Your Email Inbox Mondays & Thursdays Email [ ![LA DWP #2 (Pay Your Bill Help)](https://www.citywatchla.com/images/LADWP/dwp%20level%20pay%205-7-25.jpg) ](https://www.citywatchla.com/component/banners/click/82 "LA DWP #2 (Pay Your Bill Help)") [ ![Home - HHR Rent is too High - SB-2](https://www.citywatchla.com/images/HHR/AHF-rent-too-high.jpg) ](https://www.citywatchla.com/component/banners/click/104 "Home - HHR Rent is too High - SB-2") --- ## Featured CityWatch Stories [ ![](https://www.citywatchla.com/media/yootheme/cache/fd/064h-fdb0b507.jpg) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=29355:remembering-ken-draper-citywatch-and-transparency-are-his-legacy&catid=12) ### [Remembering Ken Draper: CityWatch and Transparency Are his Legacy](https://www.citywatchla.com/index.php?option=com_content&view=article&id=29355:remembering-ken-draper-citywatch-and-transparency-are-his-legacy&catid=12) LA WATCHDOG - Ken Draper, the editor and publisher of CityWatch for more than 20 years, passed away on August 8, 2022… [ ![](https://www.citywatchla.com/media/yootheme/cache/0f/061a-0f1ada2f.jpg) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33148:brace-yourself-for-a-worse-housing-crisis&catid=398) ### [Brace Yourself For A Worse Housing Crisis](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33148:brace-yourself-for-a-worse-housing-crisis&catid=398) PLANNING WATCH - The California State Legislature will soon vote on the following draft legislation. Please carefully… [ ![](https://www.citywatchla.com/media/yootheme/cache/54/064j-54f0ecbd.jpg) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33204:be-prepared-to-protect-our-democracy-in-november-from-a-trumpian-plot&catid=9) ### [Be Prepared to Protect Our Democracy in November From a Trumpian Plot](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33204:be-prepared-to-protect-our-democracy-in-november-from-a-trumpian-plot&catid=9) BE AWARE - Back in the days when conservatives were so hungry for media platforms that they’d come on progressive shows… [ ![](https://www.citywatchla.com/media/yootheme/cache/ab/063e-ab3b1ba1.jpg) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33174:nithya-raman-loses-the-homelessness-gavel-her-record-explains-why&catid=396) ### [Nithya Raman Loses the Homelessness Gavel — Her Record Explains Why](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33174:nithya-raman-loses-the-homelessness-gavel-her-record-explains-why&catid=396) THE BOTTOM LINE - Raman wants Los Angeles voters to promote her to mayor. Before handing her the keys to City Hall, v… [ ![](https://www.citywatchla.com/media/yootheme/cache/75/064a-75d5dbb3.jpg) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33199:your-boss-owns-your-workday-not-your-brain&catid=425) ### [Your Boss Owns Your Workday—Not Your Brain](https://www.citywatchla.com/index.php?option=com_content&view=article&id=33199:your-boss-owns-your-workday-not-your-brain&catid=425) THE NEURAL WORKPLACE - California must protect workers before workplace surveillance crosses the final frontier: the hu… --- ## [ ARCHIVE ](https://www.citywatchla.com/index.php?option=com_content&view=category&id=16) [ ![](https://www.citywatchla.com/images/stories/Apr-2018/034e.png) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=15339:early-intervention-and-jobs-are-key-to-stemming-chronic-homelessness-in-los-angeles&catid=16)### [Early Intervention and Jobs are Key to Stemming Chronic Homelessness in Los Angeles](https://www.citywatchla.com/index.php?option=com_content&view=article&id=15339:early-intervention-and-jobs-are-key-to-stemming-chronic-homelessness-in-los-angeles&catid=16) ### [Tucker Carlson and Gay Rightwinger Blame California Wildfires On Hiring LGBTQ People](https://www.citywatchla.com/index.php?option=com_content&view=article&id=18755:tucker-carlson-and-gay-rightwinger-blame-california-wildfires-on-hiring-lgbtq-people&catid=16) ### [Anti-LGBTQ Veep Just Can’t Stop Talking about Mayor Pete](https://www.citywatchla.com/index.php?option=com_content&view=article&id=17690:anti-lgbtq-veep-just-can-t-stop-talking-about-mayor-pete&catid=16) [ ![](https://www.citywatchla.com/images/stories/Apr-2018/033j.png) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=15316:news-pulse-corrupt-system-reason-for-not-voting-in-2018-majority-wants-more-than-two-parties&catid=16)### [NEWS PULSE: ‘Corrupt System’ Reason for Not Voting in 2018 … Majority Wants More Than Two Parties](https://www.citywatchla.com/index.php?option=com_content&view=article&id=15316:news-pulse-corrupt-system-reason-for-not-voting-in-2018-majority-wants-more-than-two-parties&catid=16) [ ![](https://www.citywatchla.com/images/stories/Jan-2016/1404d.png) ](https://www.citywatchla.com/index.php?option=com_content&view=article&id=10245:dead-dog-set-on-fire-sparks-fears-for-strays-in-los-angeles&catid=16)### [Dead Dog Set on Fire … Sparks Fears for Strays in Los Angeles](https://www.citywatchla.com/index.php?option=com_content&view=article&id=10245:dead-dog-set-on-fire-sparks-fears-for-strays-in-los-angeles&catid=16)