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Re: Federal judge strikes down Utah’s ban on same-sex marriage
Most haven't outright rejected it, except those who reject any argument and rule in favor of the laws. The majority just either a) don't address it or b) simply find it at the lower level because it doesn't even pass the lowest level. In fact, the arguments from the pro-ssm side in a courtroom generally don't touch on that fact to begin with, which is another reason it is not addressed. The discrimination is still based on sex/gender, not sexuality, even if the effect is to discriminate mainly against gays.
The argument I made does not apply to discrimination against homosexuality because in all cases where there are laws restricting two people of the same sex from marrying, no one, no matter their sexuality can marry a person of the same sex, while when it comes to sexuality, any combination of sexualities can get married, two homosexuals, two bisexuals, two heterosexuals, two asexuals even, or any combination of these sexualities so long as they are opposite sex paired.
They do when they reject sex-based discrimination as a basis for their rulings.
You're right. That was rivrrat. My mistake.
And that argument applies just as much to discrimination against homosexuality, which is the overall crux of what the courts have said.
Most haven't outright rejected it, except those who reject any argument and rule in favor of the laws. The majority just either a) don't address it or b) simply find it at the lower level because it doesn't even pass the lowest level. In fact, the arguments from the pro-ssm side in a courtroom generally don't touch on that fact to begin with, which is another reason it is not addressed. The discrimination is still based on sex/gender, not sexuality, even if the effect is to discriminate mainly against gays.
The argument I made does not apply to discrimination against homosexuality because in all cases where there are laws restricting two people of the same sex from marrying, no one, no matter their sexuality can marry a person of the same sex, while when it comes to sexuality, any combination of sexualities can get married, two homosexuals, two bisexuals, two heterosexuals, two asexuals even, or any combination of these sexualities so long as they are opposite sex paired.
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