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The American Prospect
2/27/2009
"The argument that the ERA supports gay marriage relies on the fact that bans on same-sex marriage employ gender as the sole reason for approving or denying a marriage license. While many other factors went into the famous Massachusetts decision that legalized gay marriage in that state, one of the concurring justices cited the state's ERA, saying that the 'prohibition [to marry] is based solely on the applicants' gender' and 'may offend Massachusetts equal rights amendment.'
"This line of reasoning, according to Lambda Legal Senior Counsel Jennifer C. Pizer, is fundamentally flawed. "The Hawaii Supreme Court accepted that [denying marriage licenses to same-sex couples] is sex discrimination on the face of it...."