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I almost expect a man who’s 70, sexist, homophobic, and cocky enough to submit a brief to the Supreme Court that actually makes an argument that since women didn’t have rights when the 14th amendment was written, then gays can’t marry. Old, homophobic, but generally a nice guy, just stuck in the mid-20th century, with a pre-women’s lib mind set. That would make sense. Instead, we have Alan Wilson, a man who was born a year after Title IX was signed into law. A man who grew up just a few years ahead of me could be this backward.

He actually wrote in his brief, the one to the Supreme Court:

To those who drafted and ratified the Fourteenth Amendment, and to those who publicly stated its meaning and purpose at that time, it was unimaginable marriage was not the exclusive province of the states to define.  Nor did the framers and their contemporaries conceive that the definition of marriage consisted of anything other than the union between man and woman.Indeed, the framers insisted upon leaving untouched those state laws depriving women of basic rights upon marriage to a man. Surely then, those state laws exclusively defining marriage as between a man and woman were hands off under the Amendment’s original meaning.

While undoubtedly there are applications of the Fourteenth Amendment unforeseen by its drafters, same-sex marriage is not one. No evidence exists that the Amendment imposed a different meaning upon states than their longstanding marriage definition. 

What the hell is he even talking about? According to Historian Jim Duffy (Who wrote a book on the history of gay marriage), “Yale history professor John Boswell has discovered that a type of Christian homosexual "marriage" did exist as late as the 18th century.“ So in other words, wouldn’t the framers of the 14th amendment, in 1865 be closer and have a better undertstanding of gay marriage then some homophobe in the 21st century? We have, again quoting Jim Duffy, “that for much of the last two millennia, in parish churches and cathedrals throughout Christendom from Ireland to Istanbul and in the heart of Rome itself, homosexual relationships were accepted as valid expressions of a God-given ability to love and commit to another person, a love that could be celebrated, honoured and blessed both in the name of, and through the Eucharist in the presence of Jesus Christ.“

So, in other words, for 2000 years, the church has been marrying gay people and stopped, so why wouldn’t the framers of the 14th amendment know anything about gay marriage?

As a side note, this week’s graphics will be on the theme to go along with “Stop Street Harassment week.” The week after, I’m taking off so I can work on an upcoming project and spend time with the kids on their break. Speaking of street harassment, I bet a regressive law maker, like Alan Wilson, who would submit a brief to the Supreme Court this backward, probably harasses women in the streets.


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