Latta v. Otter is a case that paved the way for same-sex marriage in Idaho. The decision rendered by the U.S. Court of Appeals includes bizarre language regarding “gender identity,” as follows:
“Lawrence v. Texas, 539 U.S. 558 (2003) also underscores why the continuation of the same-sex marriage prohibitions today is quite obviously about gender (Ed. Note: emphasis added). Lawrence held that it violates due process for states to criminalize consensual, noncommercial same-sex sexual activity that occurs in private between two unrelated adults. See id. at 578. After Lawrence, then, the continuation of the same-sex marriage bans necessarily turns on the gender identity (Ed. Note: emphasis added) of the spouses, not the sexual activity they may engage in.”
“The same-sex marriage prohibitions, in other words, impose harms on sexual orientation and gender identity (Ed. Note: emphasis added) minorities precisely because they impose and enforce gender-normative (Ed. Note: emphasis added) behavior.”
Same-sex marriage bans harm Men who want to marry Men and Women who want to marry Women – that is, they harm homosexuals in homosexual relationships. They do not directly harm people based on “gender identity.” Indeed, Transgender Women involves in what they call “lesbian” relationships are actually heterosexual men who can get married regardless of same-sex marriage bans, as Meghan Stabler did in 2011.
The court’s erroneous use of “gender” and “gender identity” in the Latta decision is no doubt intentional and stems from the way GLBT Organizations have started framing Gay marriage.