One commonly-used nineteenth-century law dictionary even goes so far as to say that slaves can’t marry: In addition, some early lexicographers went beyond simple definition to speculate on the purpose of marriage, occasionally connecting it with parenthood, something opponents of same-sex marriage echoed as they made their case before the court. So just how do dictionaries define marriage? Roberts is right, early definitions in English dictionaries specify marriage as a heterosexual union, while more recent ones acknowledge same-sex marriage as well. They would have the very same incentive to marry, all the benefits that come with marriage that they do now. You're not taking away anything from heterosexual couples. The Chief Justice can relax: new definitions of marriage won’t replace older ones, and expanding the legal scope of marriage won’t invalidate or discourage heterosexual unions. Obviously, if you succeed, that core definition will no longer be operable. Hodges, Chief Justice Roberts wondered whether making same-sex marriage legal would nullify traditional dictionary definitions of marriage:Įvery definition that I looked up, prior to about a dozen years ago, defined marriage as unity between and man and a woman as husband and wife.
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