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UAlbany professor emeritus talks marriage equality

Photo courtesy of the University of Allegheny
Mike Paige

Connector Staff

In the wake of Constitution Day, marriage equality and its constitutional representation was the focal point of Stephen Wasby’s presentation to the students at UMass Lowell.

Professor Emeritus Wasby from the University at Albany and acclaimed author and expert on court systems and the first amendment spoke of the Supreme Court’s ruling on the Obergefell v. Hodges case that was decided earlier this year. He commented on both sides of the argument in the 5-4 decision and how the opinions were written.

Though Wasby said the ruling was a “landmark” one, he questioned whether it was a “well-written” ruling. He ultimately said that the Supreme Court, much like in the case of Brown v. The Board of Education, has become the “Schoolmasters of the Republicans,” said Wasby referring to republicanism rather than the political party.

In Obergefell v. Hodges, the Supreme Court was tasked with judging whether or not the fourteenth amendment should cover marriage equality for same-sex couples. After judgment was rendered on the case, which was a 5-4 decision to reverse the law, Kim Davis rose to fame because of her defiance.

Davis was elected to the position of Clerk of Rowan County, Kentucky last fall and began her tenure officially in January of this year. After the reversal of the nation-wide same-sex marriage ban, under the fourteenth amendment, Davis refused to issue any marriage licenses to same-sex couples due to her religious beliefs.

In the past fifteen years, same-sex marriage has become a hot topic starting back in 2000, when Vermont Governor Howard Dean signed into law, a bill that allowed same-sex couples equivalent rights to that of heterosexual couples, which made Vermont the first state to legalize same-sex marriage.

In the modern day we see an increase in the LGBT community pushing for more rights, to fight for the right of not only civil liberties, like that of marriage, but for civil equality. Where the schism lies in this debate, though, is in the first amendment and its freedom of religion clause.

According to her interview with CNN, Kim Davis’ reason for defying court orders to issue same-sex marriage licenses is based in her faith, which, according to Davis, is
Apostolic Christian; the faith has a “strict moral code,” Davis said, which she is “obedient to.”

Davis, however, is neither the first nor the only one using their faith in God as the support for their argument.

In Colorado, the owners of Masterpiece Cakeshop refused to bake a reception cake for the marriage of David Mullins and Charlie Craig due to their religious beliefs.
According to the American Civil Liberty Union, ACLU, of Colorado, Mullins felt the whole situation was “offensive and dehumanizing especially in the midst of arranging what should be a joyful family celebration.”

Local student Geoffrey Gosselin said, “A law is a law; that is how our nation operates. Regardless of one’s faith, if they are a citizen, they apply to the law.” In his opinion, “One has every right to practice any faith they wish, provided it does not impede on the lives of others,” Another student of UMass Lowell, Scott Cancelliri, agreed with that notion, adding “Just because you have the freedom of religion does not mean you have the freedom to discriminate against others.”

Some would counter these arguments with the fact that in the first amendment, one has the right to religious freedom and with some
religions, like Apostolic Christianity, same-sex marriage is not recognized as legitimate, thus leading to the refusal of service. With the power legal documentation has nowadays, like the first and fourteenth amendment, many, like Stephen Wasby, are studying the wording of the legislature carefully to find any loopholes and flaws.

Due to events like Kim Davis’ refusal of court orders, the legislature of the Constitution will continue to change to appease the citizens of the United States. It is now in the hands of a divided public to educate themselves and stay on top of this subject to truly understand what the right course of action is.

“So even though [the Supreme Court] may have resolved the problem of same-sex marriage, [they] have not resolved the problem of discrimination against the LGBT community,” said Stephen Wasby.

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