An Orthodox Jewish activist has filed papers requesting the nation's highest court strike down all the same-sex marriage laws in the U.S. as a violation of the Constitution's protection of free speech and association.
By arguing argues that the act of forming and maintaining a marriage is essentially an act of free speech warranting Constitutional protection, Dovid Z. Schwartz, thinks he is "[t]urning the tables on advocates for same-sex marriage.
"The brief argues that marriage declares to the world that a man and a woman have dedicated themselves to each other, and sends the message, with public announcements and wedding rings, that the married partners are not available to others," Schwartz said in a news release.
So we are left to wonder: if getting married is an expression of free speech and if all men and women have equal rights under the law, then how can gay and lesbian Americans be barred from exercising their right of free speech by getting married? Unless, of course, Schwartz means that his right of freely expressing his religion can be imposed on others to prevent them for exercising their rights. Which is not an argument I would think a religious person would want to make unless they were able to gut the Constitution and win the next few elections.
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