Does The U.S. Constitution Already Make Gay Marriage Legal?

July 11, 2009 by savvyplanners.com

by David Badash via The New Civil Rights Movement

Recent advances in gay marriage have created an interesting – and I use that term generously – cornucopia of marriage situations. In California, gay marriage was “illegal,” until May, when the California Supreme Court deemed any ban against same-sex marriage unconstitutional. That allowed 18,000 couples to wed – until Prop 8 was passed, overruling the Supreme Court and making same-sex marriage, essentially, illegal once again. But there are still 18,000 same-sex couples in California who are married – their marriages remain “legal.”

Iowa, Massachusetts, Connecticut, Vermont, New Hampshire, and Maine have all moved to support marriage equality. So, what happens if one of those 18,000 couples moves to, say, Massachusetts? Well, aside from having better access to lobster, nothing. What happens if a promotion takes them to, say, New York? Again, nothing, because New York, while not enabled to perform same-sex marriages, still recognizes them from other jurisdictions. But, if that couple moves to New Jersey, voila! They are not married; they do not receive legal recognition of their marriage by the state. Crazy, huh?

In June 0f 1958, Mildred Jeter and Richard Loving were married in Washington, D.C. and went home to Virgina, where they were subsequently arrested one night, in their bed, having sex, which was illegal. Why? The Lovings were an interracial couple, and in 1958 Virgina, it was illegal for them to be married, and it was illegal for them to have sex. Crazy, huh?

Right now, that very same fictional California couple I mentioned is facing a…

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