Martha Nussbaum, A Right to Marry? Same-Sex Marriage and Constitutional Law

Martha Nussbaum, A Right to Marry? Same-Sex Marriage and Constitutional Law, 56 Dissent Magazine No.3, 43-55 (Summer 2009)

"This essay is adapted from her [book,] From Disgust to Humanity: Sexual Orientation and the Constitution, which will be published by Oxford University Press in February 2010."

We have now seen [five] arguments against same-sex marriage. They do not seem impressive. We have not seen any that would supply government with a compelling” state interest, and it seems likely, given Romer, that these arguments, motivated by animus, fail even the rational basis test.

The argument in favor of same-sex marriage is straightforward: if two people want to make a commitment of the marital sort, they should be permittedto do so, and excluding one class of citizens from the benefits and dignity of that commitment demeans them and insults their dignity.