I’ve been fielding questions about Judge Bernard Friedman’s historic ruling recognizing that allowing same-sex couples to marry is a matter of fundamental freedoms, economic security and family values.

There has been significant debate about whether Attorney General Bill Schuette is properly doing his job by defending the state’s marriage ban, which passed by a majority of voters nearly 10 years ago, or whether he has a duty, founded in the Bill of Rights and guaranteed in the U.S. Constitution, to those whom it disenfranchises.

I think the starting point is to understand that there are times when constitutional principles conflict with state law — here, a state constitutional amendment banning marriage between two people of the same gender against the federal constitution’s fundamental right to marry and associate, care for your family and receive equal treatment under the law.

By Kary Moss, Executive Director

 

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