There's A Question Of Whether Same-Sex Marriage Is Fundamental Right Says Law Professor
DETROIT (CBS DETROIT) - The U.S. Supreme Court will hear oral arguments Tuesday for challenges to state bans on same-sex marriage, including a ban in Michigan.
Western Michigan University-Cooley Law School Professor, Gerald Fisher, says there's a question whether same-sex marriage is a fundamental right.
"To me kind of the dark-horse question ... the long-shot question on this - gets to the fundamental structure of the country and that is defining the rights and privileges under marriage a state function, and a state jurisdiction? Or is that something that the Federal Supreme Court, the United States Supreme Court can do?" asked Fisher.
"The issues are really significant and could set a lot of precedential value in future cases. We've got issues under two key clauses of the Fourteenth Amendment - the Due Process Clause and the Equal Protection Clause," said Fisher.
Fisher believes the Supreme Court will rule in favor of the plaintiffs that include April DeBoer and Jayne Rowse, two Hazel Park nurses, and say that states have to recognize same-sex marriage.
The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.
