Courts must use constitution to decide marriage cases

03/2/2010 | Boston Globe (tiered subscription model), The

The constitutionality of denying rights to people because of their sexual orientation should be the sole consideration for judges deciding a bid by Massachusetts to overturn a provision of the federal Defense of Marriage Act and a separate case to overturn California's Proposition 8 marriage ban, according to The Boston Globe. "If courts retreated from decisions unpopular in some states, schools might still be segregated white from black," The Globe writes. "Public sentiment on same-sex marriage does not relieve the courts of their duty to uphold equal protection under the law."

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