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Same-Sex Marriages: Are They a Constitutional Right?

The Obama administration has weighed in saying that it thinks some outright bans are. We’d like to get your take Tampa Bay!

There’s no denying that same-sex marriage is a hot-button issue. Even in states considered liberal in most regards, getting voter buy-in for the concept has been anything but easy for supporters.

Case in point, California’s Proposition 8, which effectively bans same-sex marriages. California voters approved this state amendment back in 2008, according to The Huffington Post. Incidentally, that’s the same year Florida voters also approved a state constitutional amendment prohibiting gay marriage.

There’s a case going before the Supreme Court soon that is meant to address the legality of Prop. 8.

The premise of the challenge is that the Constitution’s Equal Protection Clause found in the 14th Amendment effectively prohibits states like California from defining marriage as solely a union between man and woman.

While that case hasn’t been heard yet, the Obama Administration had weighed in already.

Attorney General Eric Holder has issued a brief in the case that will go before the court in March. He says the Justice Department issued an opinion on the case to “vindicate the defining constitutional ideal" of equal treatment under the law, the Post reported.

"Throughout history, we have seen the unjust consequences of decisions and policies rooted in discrimination," Holder is quoted as saying. "The issues before the Supreme Court in this case and the Defense of Marriage Act case are not just important to the tens of thousands Americans who are being denied equal benefits and rights under our laws, but to our Nation as a whole.”

Here’s what we’d like your take on Tampa Bay: Do you agree with Holder? By denying same-sex marriage are states like Florida and California denying equal protection? Share your thoughts in the comments section.

Tommy Frain March 26, 2013 at 06:45 AM
If denying civil liberties to individuals is the wrong side of history, I do not want to be right!
Tommy Frain March 26, 2013 at 06:48 AM
"27% of Americans identify as Republicans" THIS IS WHY WERE LOSING. The Republican party is NOT the party of Social Conservatism. Through history, it was the democrats trying to control peoples lives. Barry Goldwater... Anyone?
-Ed Harris- March 26, 2013 at 12:41 PM
Patty, you are so predictable. You are lost, I do wish you the best but expect the worst from you. Actually I'm counting on your behavior. Your comments do nothing but ensure idiocy is not forgotten. You allow people to see that there are in fact still bigots, racists and sexists out there who need to be stopped! Thank you for that!
Christine Petellat March 26, 2013 at 05:59 PM
B Wood the same argument could be made for Homosexuality. If what you say is fact then all of Homosexuals should not have to pay taxes for any or to any hetrosexuals because they shouldn't have to pay for your retirement your kids should. This is the same as saying a person in there 70's has no children at home so they shouldn't have to pay any school tax. Population is declining because of education and birth control. less people are reproducing because they can not feed and raise them. If everyone on this planet abided by your "ideology" humans would have depleted the planet by now.
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