9thIDdoc
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- Aug 8, 2011
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Again, however a state might configure its marriage laws, whatever the requirements, same-sex couples are qualified in all 50 states to access those laws, or the laws associated with being married.
And, again, one of those laws in many places is that the person you marry must be of the opposite sex so you are wrong.
Wrong again.
Well over a generation ago, longer in some states, the doctrine of coverture was abandoned; marriage in all 50 states is a contract between two equal partners:
As states moved to recognize the equality of the sexes, they eliminated laws and practices like coverture that had made gender a proxy for a spouses role within a marriage. FF 26-27, 32. Marriage was thus transformed from a male-dominated institution into an institution recognizing men and women as equals. Id. Yet, individuals retained the right to marry; that right did not become different simply because the institution of marriage became compatible with gender equality.
The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never
required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.
Gender no longer forms an essential part of marriage; marriage under law is a union of
equals.
Hollingsworth v. Perry
Entirely beside the point even if you had linked your source which you didn't. Equality of the sexes has nothing to do with the requirement that the participants be of the opposite sex. That has been, and continues to be, the legal requirement in Tennessee and I think it would be foolish to expect that to change anytime soon. Maybe you would be well advised to try minding your own business. We Tennesseans can handle our affairs quite well without outside harassment. But feel free to spend a lot of time and money whining to whatever court (if any)is willing to listen to you only to have them tell you the same thing. I'll be more than happy to say "I told you so!" when the dust clears and the status quo remains. On this issue-as is usual for you-you stand staunchly against civil rights.