Constitutional Issues Related to Same-gender Marriage. In 2012 the Armed Services Committee of the House of Representatives adopted, by a party-line vote, an amendment to the military defense budget for 2013 that would prohibit same-gender marriage ceremonies in base chapels serving members of the U.S. Armed Forces. If this amendment is enacted into law, it will change current Defense Department policy that allows use of chapels for religious marriage ceremonies on sexual-orientation neutral basis.
If by law the government denies a same-gender military couple permission to hold a religiously authorized marriage ceremony in a base chapel, would such denial violate the Constitution? Respond to this question in your initial post. Fully explain the constitutionally-based reasons for your position, considering both the Due Process and Equal Protection Clauses and the following cases:
The Supreme Court’s unanimous decision in Loving v. Virginia (1967).
The rationales of the Supreme Court's majority or dissenting opinions in Lawrence and Garner v. Texas.
The rationales of the Court’s majority or dissenting opinions in United States v. Virginia (the VMI case).
The rationales of various judicial opinions in recent federal court litigation about the constitutionality of California’s Proposition 8 outlawing same-gender marriage.
Avoid discussion of your personal opinions about same-gender marriage. Instead, focus on the constitutional issues that may be raised by the specific circumstances of the proposed law that would ban the use of military base chapels for such marriage ceremonies.