It's a gender-based distinction to define marriage as between a man and a woman. Therefore it is subject to challenge under equal protection, thus forcing the state to justify that distinction. You can whine about it all you want, but this is how equal protection works in this country and there's a century of case law backing me up.
Last edited by Deuce; 02-27-14 at 02:39 PM.
One of you will end up here next!
You're calling me brainwashed? You're the one who likes court challenges when you don't like the law, but if you do it's "malcontents not getting their way." Keep drinking that red Kool Aid.
Marriage is a quarenteed rights upheld countless times in American Jurisprudence precent. The Spreme court in Loving v Virginia ruling made marriage a right protected by the US Constitution.
That is pretty clear marriage is a fundamental right protected by the US Constitution.Cheif Justic Earl Warren:
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.
Last edited by 1750Texan; 02-27-14 at 03:06 PM.