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Eventually, eight years after the crash, Karen won guardianship - one of the first Supreme Court rulings to recognize a same-sex relationship as having equal legal footing to a straight couple - and was finally able to care for the love of her life. The parents insisted their daughter wasn’t a lesbian, and did everything in their power to prevent the two women from ever seeing each other again. Karen, her partner, wasn’t allowed to see her in the hospital, and soon got into a years-long legal dispute with Sharon’s parents over who should look after her. In the early 1980s, Sharon was in a catastrophic car crash and suffered severe brain injury. But extending the freedom to marry to queer couples isn’t some nice-to-have for the wealthy.Īt times like this, I think about Sharon Kowalski and Karen Thompson, a lesbian couple who met in the 1970s, exchanged rings in a commitment ceremony, owned a house together, and by any meaningful measure were clearly a committed couple. I think that’s certainly the case for many people, including some I worked alongside for several years.
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The framers never said “gay marriage” or “interracial marriage,” but following the Civil War, the Fourteenth Amendment introduced the terms “due process” and “equal protection,” which basically mean (in super-simplified terms) that all people are entitled to the full protection of the law (no picking and choosing which laws to apply), and that laws should apply to everyone equally (no picking and choosing which people they apply to). There’s a whole family of Supreme Court rulings that affirm rights not specifically called out in the Constitution. The solution to this alarming new heading may lie, in part, in a ship full of gay pirates. How concerned should we be? Very, I think - but that doesn’t mean there’s nothing we can do.
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Constitutional law is a slow ship to turn, but it seems as though the country’s changing course with unusual swiftness, and with the impending ruling on abortion we may soon find numerous other rights that we thought were safe tossed overboard.