Rambam would disapprove. However, the context of the contemporary marriage equality discussion is 21st century America, and the constitution has been established to enable a moral society to allow all people to live free and equal within the boundaries of a legal framework agreed by all participants. Religious constraints, absent an overall social contract imperative, are not to be applied. A civil right to be applied equally, which demonstrably hurts no one and benefits many, should not be subject to review by religious authorities, dead or alive. Every man and woman may bear the spiritual consequences of their decisions individually, or within their faith community.