“Same-Sex Marriage: When Will It Reach Utah?”

BYU Journal of Public Law 527
Robert Wintemute writes, "Attempts to amend constitutions so as to make legal marriage impossible for same-sex couples are futile. Amendments of this kind are nothing more than temporary 'legal dikes' designed to create 'legal islands' in which a heterosexual majority can continue to discriminate against a lesbian and gay minority in relation to access to legal marriage. These amendments seek to strip the gay and lesbian minority of any possibility of seeking protection against such discrimination from either the legislature or the courts. Where such amendments have been adopted, they will eventually be repealed or invalidated, because the 'incoming tide,' i.e., the long-term international trend, will eventually bring full legal equality to our fellow human beings who happen to be lesbian and gay individuals, or members of same-sex couples, with or without children." [PDF]