In the recent U.S. Supreme Court hearings on whether states have a constitutional right to ban (or refuse to recognize) same-sex marriages, the conservative justices seemed to be preoccupied with the definition of marriage. As Chief Justice Roberts stated, in response to advocate Mary Bonauto, “Every definition that I looked up prior to about a dozen years ago, defined marriage as a unity between a man and a woman as husband and wife. Obviously, if you succeed, that core definition will no longer be operable.”
Whereas this and similar comments made during the hearing are perhaps true on their surface—marriage in the past has not been defined as a relationship between same-sex couples—such comments are misleading, suggesting that the definition of marriage has been unchanged “for millennia,” or disingenuous. For example, later in the hearing, Justice Ginsburg corrected the historical record when she noted that in the recent past, “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.” The so-called “traditional definition of marriage,” used in conservative arguments, rarely takes into account the status of the marriage partners, or the character of the marriage, both of which have changed and evolved with changing culture and values.
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