The U.S. Supreme Court has begun hearing cases regarding gay marriage this week.
The Supreme Court’s job is to interpret the U.S. Constitution, but it also has the ability to make moral judgments.
When 58 percent of the population supports the legalization of gay marriage, there should be no deliberation.
Indiana law does not recognize same sex marriage as marriage. Supposedly, one threat to democracy is that society will fall to mob rule.
The idea is that the public’s whims will lead the country astray.
Proponents of this argument say the Supreme Court should not be subject to the wills of the people but to the Constitution alone.
But the Constitution is a document, written by people.
Some of the major contributors to its initial writing were slave owners.
So we should be very careful about presuming the moral strength and foresight of their masterpiece.
Just as important, the checks against mob rule exist to protect society from vicious and emotional—not thoughtful—laws.
Gay marriage does not pose a threat to society.
There has not been a single scientifically-valid article recognized by the American Sociological Association that documents any “danger” same-sex couples pose to children or communities.
Gay marriage has become a nationwide issue because marriage carries all sorts of legal benefits.
Some valid criticisms of gay marriage are out there.
That marriage is so enshrined legally in this nation—that it provides protection of child custody and medical and tax benefits—means that gay marriage is something beneficial that needs to be available to adults, regardless of their personal lives.
The Supreme Court should enforce the principles of equality in this nation and allow all people access to these benefits.
Eighteen states already recognize and give some benefits to same-sex couples.
The nation is changing its legal stance on same-sex couples in other ways too.
The Supreme Court has also begun hearing a case on the Defense of Marriage Act, which denied benefits to same-sex couples employed in the federal and state governments.
The Obama administration stopped enforcing DOMA at the beginning of 2011.
Indiana, too, should note the changing tides.
At the very least, our representatives need to recognize what is right.
Even more important than surveys is committing to moral principles.