Apart from the substance of the issues involved, the two same-sex marriage cases argued before the US Supreme Court last week provided an interesting legal twist.
In the adversarial system that exists in the US, the two parties involved must have a direct vested interest in the issue in order to have ‘standing’ to argue their side. For example, if the public school system in the district that I live in decides to teach religious ideas in science classes, I cannot take them to court simply because I, as a concerned citizen, think it violates the constitution. But if my child is in one of the classes that is doing this, then I can claim that I, as the legal custodian of the child and responsible for her welfare, am experiencing direct harm and can sue to stop the practice. [Read more…]
