Opposition to gay marriage = discrimination! So says the District of Columbia Court of Appeals, arguably the second most influential Federal Court following the United States Supreme Court. On Thursday, by a 5 to 4 majority, the full Court issued an 81-page ruling upholding the decision of the DC Board of Elections and Ethics rejecting a voter initiative that would have overturned an earlier law allowing same-sex marriage in the Nation’s Capital. With the latest opinion by the DC Court of Appeals, in combination with last week’s Federal District Court opinion declaring the Defense of Marriage Act unconstitutional and the soon to be announced ruling in the federal lawsuit challenging the legality of California Prop 8, we may soon begin to see a tidal wave of judicial rulings in favor of gay marriage. Why the seemingly strong cultural current sweeping us in the direction of same-sex marriage? We might find our answer in the unanimous conclusion of all nine judges that heard this case. Writing for the majority, Associate Judge Thompson listed six points which resulted in the majority’s opinion. On the last point, all nine judges agreed
the Board correctly determined that the proposed initiative would have the effect of authorizing such discrimination. (emphasis added)
The four dissenting judges agreed with the majority that the proposed initiative, which would have allowed voters to overturn the same-sex marriage law in Washington, D.C., would in fact authorize discrimination. The minority opinion believed that the Board of Elections and Ethics “exceeded its authority” in blocking the initiative from coming before the residents of the District, but otherwise found that opposing gay marriage resulted in discrimination.
When a majority of Courts and when a majority of Americans agree with the nine judges on the Appeals Court and hold that opposition to gay marriage equals discrimination, then those cultural currents favoring homosexual marriages will begin to look like a tsunami. While I do not agree that simply opposing same-sex marriage or supporting a traditional view of marriage is akin to discrimination, my position may soon become the minority one. What say you? Can someone oppose gay marriage without being discriminatory? Or, as the nine judges of the District of Columbia’s Court of Appeals said, does opposition to same-sex unions automatically = discrimination?