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1 Comments:
Although the right to marry, or not marry is not enumerated in the Bill of Rights, it is implicit. This type of discrimination is illegal. Discrimination on the basis of marital status falls under the equal protection clause of the 14th Amendment. In this case, the state is violating the equal protection rights of non-married individuals; the state is discriminating against their right to marry, but also their right to not marry. This type of issue would come under the strictest scrutiny, which I am not going to get into, however the courts should rule this action unconstitutional under the equal protection clause of the 14th. The town's argument that their relationship does not fit the traditional definition of the family is not a compelling interest. State enforcement of historical ideals is not rational justification for 14th amendment violation. I would expect this issue to get to court.
Missouri laws have been in the Courts many times. I doubt this will reach the US SC, since it is pretty clear that this law violates the EPC of the 14th. Lower courts would probably strike it down, assuming the cause of action is the 14th.
Refer to Dread Scott v Sanford, Turner v Safley, City of Ladue v Gilleo
5/24/2006 7:48 AM
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