Is it Discrimination to Prohibit Same Sex Marriage?

Some say: Not letting people of the same sex get married is discrimination.

Beyond the Headlines: In society we formalize some of our interactions in laws and constitutions. Many laws restrict actions that are considered damaging or counterproductive to society. For instance, we have laws restricting motor vehicle use, land development, child abuse, and DUI.

These laws are based on actions and not personal characteristics that may lead to actions. For instance there is no law punishing someone who gets angry easily. If a person controls his anger and does not commit abuse, murder, or similar actions, he is not violating the law. Likewise, someone who likes to drink alcohol is not restricted or discriminated against. However, he is restricted from driving while under the influence of alcohol (even if no property damage or bodily injury occurs). A person may feel discriminated against because he cannot legally drive after a few beers, or when his license is taken away for repeated DUI offenses, but society is not unjustly discriminating against him by having those restrictions on his actions.

Restricting someone with same-sex attraction from entering into same-sex marriage is restriction of an action, not restriction based on a personal characteristic. Same-sex attraction is a personal characteristic, but same-sex marriage is an action, just as liking alcohol is a personal characteristic and DUI is an action.

Prohibiting an action that many consider bad for society is not the same as discriminating against someone for a personal characteristic.