Consider the readings and the lecture materials on legal rights, investigating same sex marriage as a legal right around which we see some debate. We have looked at same sex marriage through the lens of the history of anti-miscegenation laws. There are some, including Supreme Court Justice Thomas, who believe that marriage is not a fundamental right protected by the Constitution. After reading the lecture materials and watching the linked videos, discuss the ways in which Justice Thomas, and subsequently Jim Obergefell, and the members of Congress, are making arguments about marriage in the context of legal rights. How do they position the issue as one of interpreting the Constitution? How do they rely on ideas of gender hierarchy and heteronormativity? How do they place the issue within the context of states rights versus federal government protection? Discuss the ways in which it is possible to use these legal arguments to reach opposing conclusions about whether certain legal rights, such as marriage, should be protected by the Constitution. What other legal rights do you think the Supreme Court, and the government, may attempt to alter based on similar arguments?
How do they rely on ideas of gender hierarchy and heteronormativity?
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