The Worst Argument Ever Made Against Gay Marriage

And that’s saying something.

By David S. Cohen

I won’t hide the ball here, so here it is: Gay people should not be able to get married because Pocahontas married John Rolfe.

This argument was actually made in federal court Tuesday, before the judges of the Court of Appeals for the 4th Circuit in Richmond, Virginia. They were hearing a challenge to Virginia’s ban on same-sex marriage. The argument is hands-down the worst argument ever offered against same-sex marriage.

To be sure, it’s a crowded field in this dubious competition. The history of same-sex marriage litigation is replete with offensive, awful, nonsensical arguments from states trying to come up with principled excuses for bigotry. For instance, just this week Kentucky defended its ban on same-sex marriage by saying that denying gay people the right to marry leads to more stable birth rates. (Yes, you read that correctly.) And there’s long been the argument, put forward without laughter, that banning same-sex marriage is necessary because straight people can’t control themselves and thus need a responsible way to raise all those children they will have as a result of all that irresponsible sex they have.

But Tuesday’s Pocahontas argument takes the cake. Let me explain.

One of the many issues in same-sex marriage litigation is whether bans on same-sex marriage violate a person’s constitutional right to marry. Many Supreme Court cases have said there is a fundamental right to marry, so the argument is straightforward that bans on same-sex marriage infringe on that right.

more
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/05/pocahontas_argument_against_gay_marriage_officially_the_worst_ever.html?