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Boyne misguided on gay marriage reasoning

Published:Tuesday | July 7, 2015 | 12:00 AM

THE EDITOR, Sir:

Not being a lawyer, Ian Boyne is tragically misinformed on matters of constitutional law. However, he presumes to employ arguments that, quite simply, are beyond his comprehension.

In his article published in The Sunday Gleaner on July 5, 2015, ('Holy war over gay marriage'), he claims that the United States Supreme Court had no business deciding the definition of marriage for all Americans, and that this should have been left to the individual states. In his view, the court's action was undemocratic.

What Ian fails to grasp is that this was the same argument that was used when the state of Virginia sought to uphold its ban on interracial marriages. It was the US Supreme Court that ended this racist prohibition through the rightful exercise of its constitutional powers.

Similarly, only the Supreme Court could ensure that all Americans are treated fairly with regard to accessing the benefits and responsibilities of marriage, regardless of their sexual orientation.

These constitutional powers were democratically given to the court by the American people to ensure that no majority could ever trump the rights of a minority group. On June 26, the US Supreme Court stated categorically that in the land of the free, everyone is entitled to a private family life, which harms no one else.

I am sure that if the ruling had gone against marriage equality, Ian and other social conservatives would have applauded the court for acting appropriately. The fact that they lost is driving them to all sorts of fallacious reasoning.

MAURICE TOMLINSON

maurice_tomlinson

 

Montego Bay, St James