Staff editorial (3/28): Laws should not dictate love

On Tuesday and Wednesday, the Supreme Court argued over same-sex marriage cases, including Proposition 8 and the Defense of Marriage Act. Though the ruling may not be determined until late June, the nine justices attempted to solidify an opinion that will impact society for years to come.

Same-sex marriage is the most controversial topic tackled by the Supreme Court since Roe v. Wade in 1973, which legalized abortion. The majority of the 50 states have proactively fought to legalize civil unions, domestic partnerships and same-sex marriage.

However, the act of same-sex marriage is currently legal in 11 states – New York, Massachusetts, Connecticut, District of Columbia, Iowa, Maryland, Maine, New Hampshire, Vermont, Washington and Native American tribal jurisdictions.

Other countries such as Sweden and Belgium have also recognized same-sex marriage. But, there is still a considerable amount of work to be done in order to establish equal marriage rights for all, not just some.

For the better part of the 20th century, gay marriage has been a pressing topic. The individuals for it argue that love is love, no matter what. The individuals against it argue that a marriage between a man and a woman should be the only recognizable union. Many also quote the Bible to emphasize their distaste toward the matter.

The Supreme Court now holds the power to make the ultimate decision on whether gay marriage will be upheld as a legal union in the U.S. The fact that the highest power of the land has decided to take on this case proves how widespread same-sex marriage is.

Supreme Court Justice Sonia Sotomayor said, “What gives the federal government the right to be concerned at all about the definition of marriage?”

Sotomayor is correct.

They have no right to impede on sexual orientation. They have no right to impede on relationships. And, they certainly have no right to impede on whom we choose to love.

After two days of arguments over same-sex marriage, results are still inconclusive. Ultimately, the nine justices have agreed to disagree. If the Supreme Court is given the final say on the matter, then a decision needs to be made soon.

America is waiting. Families are waiting. Equality is waiting.


Editorials represent the majority view of  The Miami Hurricane editorial board.