How Gay Marriage Became a Constitutional Right

[DonViejo]

The untold story of the improbable campaign that finally tipped the U.S. Supreme Court.

MOLLY BALL 6:15 AM ET

On May 18, 1970, Jack Baker and Michael McConnell walked into a courthouse in Minneapolis, paid $10, and applied for a marriage license. The county clerk, Gerald Nelson, refused to give it to them. Obviously, he told them, marriage was for people of the opposite sex; it was silly to think otherwise.

Baker, a law student, didn’t agree. He and McConnell, a librarian, had met at a Halloween party in Oklahoma in 1966, shortly after Baker was pushed out of the Air Force for his sexuality. From the beginning, the men were committed to one another. In 1967, Baker proposed that they move in together. McConnell replied that he wanted to get married—really, legally married. The idea struck even Baker as odd at first, but he promised to find a way and decided to go to law school to figure it out.

When the clerk rejected Baker and McConnell’s application, they sued in state court. Nothing in the Minnesota marriage statute, Baker noted, mentioned gender. And even if it did, he argued, limiting marriage to opposite-sex couples would constitute unconstitutional discrimination on the basis of sex, violating both the due process and equal protection clauses of the Fourteenth Amendment. He likened the situation to that of interracial marriage, which the Supreme Court had found unconstitutional in 1967, in Loving v. Virginia.

The trial court dismissed Baker’s claim. The Minnesota Supreme Court upheld that dismissal, in an opinion that cited the dictionary definition of marriage and contended, “The institution of marriage as a union of man and woman...is as old as the book of Genesis.” Finally, in 1972, Baker appealed to the U.S. Supreme Court. It refused to hear the case, rejecting it with a single sentence: “The appeal is dismissed for want of a substantial federal question.” The idea that people of the same sex might have a constitutional right to get married, the dismissal suggested, was too absurd even to consider.

Last week, the high court reversed itself and declared that gays could marry nationwide. “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions,” Justice Anthony Kennedy wrote in his sweeping decision in Obergefell v. Hodges. “They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”

more
http://www.theatlantic.com/politics/archive/2015/07/gay-marriage-supreme-court-politics-activism/397052/

[SunSeeker]

1. Their courage in the face of ridicule...and worse...is amazing.

I love that Jack Baker and Michael McConnell are still together 45 years after the marriage license clerk turned them down in 1970.

[awoke_in_2003]

2. Off to the greatest. nt