Proposition 8 Issues Explain the Discussion Chapter

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At that time, the arguments against interracial marriage were identical to those now popular among those still opposed to same-sex marriage. I also believe that in fifty years, Americans will look back at the current controversy over same-sex marriage in exactly the same way and future generations will wonder how it could ever have made sense to so many people that marriages of same-sex couples somehow "threatened" the institution of marriage.

In principle, I believe that prohibition of marriage rights based on gender violates the concept of Equal Protection in the U.S. Constitution. However, strictly from a constitutional law perspective, I recognize that proponents of same-sex marriage have a much more difficult argument.

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That is because race is one of the "suspect classes" recognized by the U.S. Supreme Court and, as such, is entitled to the highest level of scrutiny applied to any laws that affect members of different races differently (Edwards, Wattenberg, & Lineberry, 2009). However, gender identity (and more specifically, sexual preference) is not a suspect class in that sense, meaning that laws affecting individuals differently based on gender identity and sexual preference are more difficult to challenge successfully (Edwards, Wattenberg, & Lineberry, 2009). Eventually, I expect that this nation will recognize the equal rights of same-sex partners but I anticipate that it may take more time than it should......

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