In his opinion column “Will the Supreme Court Legalize Same Sex Marriage” (Jan. 23, The Times Record) Michael McManus puts forward an argument that is a perfect replica of the argument for slavery prior to the Civil War. It should be up to the voters in each state, not the courts, he argues.

A century and a half ago, a majority in each of the Southern states wanted slavery, so no one should thwart that popular will. That was the argument then, the same one McManus puts forward now. Questions of rights, civil or political or human shouldn’t enter into the matter, on his view. It’s just a question of what the majority wants.

The case for marriage equality (the case for allowing same gender couples to marry) is a question of equal rights, now guaranteed to everyone under the 14th Amendment, a fruit of our bloody struggle to end slavery. Courts have consistently found for marriage equality because no case can be made that the government has a compelling public interest in denying same sex couples the right to marry on equal terms with opposite gender couples.

McManus’s church can marry those they choose. To insist that the states deny marriage equality is to insist on majority rule overturning the First Amendment’s prohibition against establishment of religion. We should all expect the Supreme Court to uphold the 1st and 14th Amendments to the Constitution.

Douglas C. Bennett
Topsham