12795213, Straight ether Posted by Buddy_Gilapagos, Fri May-01-15 07:15 AM
> >Marriage is no longer bound to antiquated gender roles. And >when those gender roles are removed, the case for marriage >discrimination breaks down. > >“ wouldn’t be asking for this relief if >the law of marriage was what it was a millennium ago. I mean, >it wasn’t possible. Same-sex unions would not have opted >into the pattern of marriage, which was a relationship, a >dominant and a subordinate relationship. Yes, it was marriage >between a man and a woman, but the man decided where the >couple would be domiciled; it was her obligation to follow >him. > >There was a change in the institution of marriage to make it >egalitarian when it wasn’t egalitarian. And same-sex unions >wouldn’t — wouldn’t fit into what marriage was once.” > >Marriage today is not what it was under the common law >tradition, under the civil law tradition. Marriage was a >relationship of a dominant male to a subordinate female. That >ended as a result of this court’s decision in 1982 when >Louisiana’s Head and Master Rule was struck down. Would that >be a choice that state should be allowed to have? To >cling to marriage the way it once was? > >*Head and Master laws were a set of property laws in the U.S. >that gave the husband the final authority in all household >decisions on the basis that the husband’s role was to >provide for the family and the wife’s was to keep house, >rear children, and provide sex.* > > >Bursch also tried to assert that gay marriage would be >detrimental to the institution of marriage in general. Not so, >Ginsburg responded. > >"All of the incentives, all of the benefits that marriage >affords would still be available. So you’re not taking away >anything from heterosexual couples. They would have the very >same incentive to marry, all the benefits that come with >marriage that they do now." > >"The change in people’s attitudes on that issue has been >enormous," Ginsburg continued. "In recent years, people have >said, ‘This is the way I am.’ And others looked around, >and we discovered it’s our next-door neighbor — we’re >very fond of them. Or it’s our child’s best friend, or >even our child. I think that as more and more people came out >and said that ‘this is who I am,’ the rest of us >recognized that they are one of us." > > > >
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