ositive step toward actual marriage rights for gay and lesbian couples. Currently, there is a high tolerance for homosexuals throughout the United States. Judges do not need the popularity of the people on the Federal or circuit court level to make new precedent. There is no clear majority feeling that homosexuals should have marriage rights in the general public, and yet the courts voted for Baehr. The judiciary system has its mind on how to interpret the Constitution, which is obviously very different from most of popular American belief. This is the principal reason these judges are not elected by the people- they do not have to bow to public pressure. The constitutional rights argument for same-sex marriage affirms that there is a fundamental constitutional right to marry, or a broader right of privacy/intimate association. The essence of this right is the private, intimate association of consenting adults who want to share their lives and commitment with each other- same-sex couples have just as much a need for intimacy and marital privacy as heterosexual couples. Laws allowing only heterosexual couples to marry infringe upon and discriminate against this fundamental right (Reidinger 101). III. In Conclusion Just as the Supreme Court compelled states to allow interracial marriage by recognizing the claimed right as part of the fundamental constitutional right to marry, of privacy and of intimate association so should states be compelled now to recognize the fundamental right of homosexuals to do the same. If Baehr’s case ultimately leads to the legalization of same-sex marriage or broad, marriage-like domestic partnership in Hawaii, the impact of that legalization will be felt widely (Wiener 561).This case could be the new foundation for a sweeping change in popular American politics and thought and will perhaps pave the road for increased awareness of this human rights issue. Leaving aside, as government sh...
