To the Editor:
A letter last week (John J. Pino, "In defense of marriage") argues that same-sex marriage would bring down civilization in the United States. I disagree.
Homosexual couples seek equal rights under the United States Constitution. In opposition, last week’s writer claims that marriage is more fundamental than a right. Yet under the Constitution, there is no distinction between a right and something that is fundamental. Certain rights are the most fundamental things protected by the Constitution. In 1967, in Loving v. Virginia, the United States Supreme Court explicitly declared marriage to be a fundamental right, "one of the vital personal rights essential to the orderly pursuit of happiness..."
Thus, by presupposing that marriage is something more fundamental than a right, last week’s letter relies on a false distinction -- sometimes known as a distinction without a difference.
But this is not just about logic; it is about human beings. In the Loving case a married couple, a black woman and a white man, had been convicted of violating Virginia’s miscegenation statute. Their sentence was suspended on condition that they leave the state.