If asked, most people would probably say that gun-ownership advocates and same-sex marriage proponents have very little in common. One group supports a strict reading of the 2nd Amendment to the Constitution, while the other group wants the same rights and privileges available to heterosexual couples.
But both groups have something to gain if the Supreme Court rules in favor of the plaintiff in a case challenging the constitutionality of Chicago's 28-year-old ban on handgun ownership, according to a CNN article.
Confused? Most people who are not Illinois family law attorneys or constitutional lawyers probably are, but first let's summarize the case before the nation's highest court.
Brought by 76-year-old Chicago native Otis McDonald, McDonald v. Chicago claims that the city's handgun ban violates his 2nd Amendment right to bear arms, as explained by the Chicago Tribune. Mr. McDonald says he wants to be able to protect himself from violent criminals who obtain guns illegally.
That argument is getting plenty of play in the media. But what hasn't been discussed nearly as much is the plaintiff's argument (backed by countless amicus briefs by supporters) that gun ownership is actually a "liberty" protected by the 14th Amendment.
One seldom-used clause of the 14th Amendment prohibits states from depriving the "privileges or immunities" of citizens, which according to the CNN article is being considered in the McDonald case. Some legal scholars cited by CNN say that if the court embraces this clause, then it could open the door to federal challenges of state same-sex marriage bans.
In other words, the same interpretation of the 14th Amendment that prevents a local or state government from infringing upon one's "liberty" to own a gun may also prevent that same government from infringing upon one's "liberty" to marry his or her same-sex partner.
But it's too early to tell how the court will decide this case or on which legal theories.
Related Resources:
- U.S. Constitution: Fourteenth Amendment (FindLaw)
- High Court Hears Challenge to Chicago Handgun Law (FindLaw Blotter Blog)
- Directory of Chicago Family Law Attorneys (FindLaw)
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