Justice Alito: Same-Sex Marriage Is ‘Newer Than Cell Phones Or The Internet’

During Tuesday’s “Prop 8” oral arguments, Justice Alito compared same-sex marriage to modern technology saying, it is “newer than cell phones or the Internet.” I don’t know about you, but I find statements like this unconvincing, and actually in this case, just bizarre. Because the whole point of the “Prop 8” and “DOMA” cases is that gays and lesbians are being denied equal rights. If you’ve been denied equal rights for decades or centuries, but only started to gain those rights (state-by-state) in recent years, how can that be used against you? Same-sex marriage is new because it was illegal until recently. Same-sex marriage is not new because it’s the latest trend, fad or what all the cool people are doing.

“Traditional marriage has been around for thousands of years. Same-sex marriage is very new,” said Alito. “There isn’t a lot of data about its effect, and it may turn out to be a good thing. It may turn out not to be a good thing.” The same could be said about opposite-sex marriage. Some turn out good; some not so much. Who are we to judge? That isn’t the point. Outcomes of newly won freedoms are not the marker we should use. All that matters is equal rights under the law.

History is littered with conservative arguments against this and against that because it’s not the way it’s been; it’s not “traditional.” But this is not an argument at all. And in the case of same-sex marriage, that is why conservatives lack a coherent and logical argument. The only thing they have is their Bible, which most people accept is up for interpretation anyway (if you are so inclined).

The conservative argument against same-sex marriage rests on a flimsy foundation; an outmoded belief system. Their argument has no evidence and it does not comport to the bedrocks of American life, freedom and liberty.

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