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AG reviews Supreme Court’s same sex marriage ruling

The Lolo and Lemanu Administration is looking into the Supreme Court ruling issued on June 26, 2015 legalizing same sex marriage in all 50 states, and this has been confirmed by Attorney General Talauega Eleasalo Ale, who said “we are reviewing the opinion and its potential applicability to American Samoa, and will provide comment when it is completed.”

 

There has been a mix of emotions since the ruling came out, however some in the gay community who spoke to Samoa News on condition of anonymity say that this should not happen in America Samoa.

 

One said, “our foundation is on God and we should not allow this to happen in our territory because it's just not right. It's ok if it happens in the States, but let it remain there. We should not allow it here at home.”

 

Justice Anthony M. Kennedy wrote for the majority in the historic decision that “no longer may this liberty be denied. No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.” He went on to say that marriage is a keystone of our social order. According to The Associated Press the decision was the culmination of decades of litigation and activism in the United States.

 

One local transgender individual told Samoa News that this is great news, not because same sex couples can get married— but "because humans like ourselves have been granted equality.” She then quoted Justice Anthony M. Kennedy who said, “the right to marry is a fundamental freedom.”

 

In keeping with the local view expressed by many in the gay community, a lesbian on island said she and her female partner are looking at getting married in the mainland, as they believe that this should not be applied to the territory.

 

She agreed the decision was not about religion, religious beliefs or religious freedom, but believes that it should remain in the USA and should not ever be allowed to be practiced in American Samoa. “It is about equal rights, just as the decision in this country to give women the vote and the decision to abolish slavery were about equal rights. Any decision regarding the scope of a constitutional right is a legal decision, not one based in religion or morality.”

 

She further stated that rights are not, and should not be up for a popular vote or up to the states to determine. “Rights are absolute and cannot be dependent upon anything other than the fact that the person is a human being and is a citizen of the US. If those two conditions are met, your belief system about what is morally or spiritually right or wrong does not matter and should not matter."

 

She added, “You should be glad that is the case, because it would be just as easy for another religion to take over and curtail your rights as a Christian.” She also noted that those railing against the decision of marriage equality as a basic constitutional right are confusing the idea of constitutional rights with certain types of behavior — however human rights are inherent in all human beings and US citizens.

 

She said an attorney in the mainland said that all US citizens should have the equal right to pursue life, liberty and happiness, regardless of the "sins" they commit. "The only behavior that should curtail your constitutional rights is if you commit a crime (a felony) and are convicted. But even then, criminals can still marry, have kids, own property, work and live in our communities. The only things they cannot do is vote or carry firearms.”

 

She added, “If committing a sin was a barrier to receiving basic constitutional rights in this country, we would all be in big trouble.”

 

In the meantime, Facebook rolled out a new tool that lets its users show their support for marriage equality. Founder Mark Zuckerberg announced the Celebrate Pride tool on his personal page following the US Supreme Court's decision that same-sex marriage is a constitutional right. The tool lets users put a rainbow-colored filter over their profile picture.

 

Facebook isn't the only social media letting users show their pride. On Twitter, you can make a rainbow heart appear in your tweet by including the #LoveWins hashtag.

 

The Supreme Court ruling in its entirety can be found on http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf.