- Does the Fourteenth Amendment require a state to issue marriage licenses to same-sex couples? And;
- Does the Fourteenth Amendment require a state to recognize marriages of same-sex couples performed out of state?
I recently ended a three-week trip to the United States and returned home to Israel. This was a particularly emotional trip, as I was in Boston the day of Marathon. I saw firsthand how resilient the people of Boston are in a crisis.
Pelavin: "The Respect for Marriage Act is a positive and welcome step toward full equality for the LGBT community."
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The nature of injustice is that we may not always see it in our own times. The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning. When new insight reveals discord between the Constitution’s central protections and a received legal stricture, a claim to liberty must be addressed.
I confess to being a bit jaded after 30+ years as a public policy activist (40+ years if you want to count my high school and college activism during the early era of the fight for Soviet Jewry).