this post was submitted on 19 Nov 2024
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That's the way English Common Law works contrary to French Civil Law
That's not really an answer to their question. Canada (with the exception of Quebec), also operates on the English Common Law model, but we've passed specific laws that intentionally codify things like abortion and minority rights. Just recently we added "gender identity and gender expression" as specific categories on which it is illegal to discriminate.
So, unlike the US where the right to gay marriage is the result of a court case, in Canada gay marriage started out that way, but was then codified in law with the passage of the Civil Marriage Act in 2005. And speaking of English Common Law, the same is true in England, where gay marriage was legally enshrined in 2014.
So it's perfectly valid to ask why the US government has consistently failed to do this.