Convicted drug dealers Daniel Mangini and Steven Roberts, who have been together for over 20 years, were dealt a victory in the U.S. District Court in Philadelphia last month.
After serving their time and sobering up in prison, the men were eager to reunite during their 5 year probation period. However, federal probation policy prohibits ex-cons from associating in any way with other ex-cons unless their are spouses or blood relatives.
According the ACLU, who represented Mangini and Roberts, Judge Marvin Katz relied on the 2003 Supreme Court case Lawrence v. Texas to rule that “same-sex couples have the same right to form intimate relationships as opposite sex couples and that it is unconstitutional to treat same-sex couples differently.”
Mangini noted, “It’s fair to say we’re not role models, but that doesn’t mean we should have less rights than anybody else.” Mangini is certainly right that he is no role model for the equal marriage movement, nonetheless this case may have far reaching effects for future cases.
This case is a part of a growing trend to expand the benefits of marriage to same sex couples, even in light of state statutes and amendments banning the recognition of same sex marriage. This is similar to Michigan State University, who changed their employment benefit policies to get around the state’s anti-gay marriage amendment, as well as the University of Virginia, who similarly changed their gym membership policies.
While the particularities of theses cases are different, the core similarity is that they weaken ‘traditional’ marriage by offering the benefits of marriage to gay couples who cannot, by law, marry. Opponents to gay equality say they only want to protect traditional marriage, but these cases show that by excluding gays, they are only undermining that cause.
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