It's not up to me, or anyone in another state, to justify a state marriage law that excludes same-sex partners. The Supreme Court itself does not try to justify laws under rational basis review, because as it acknowledges, that is not its job.
The question is not whether the judge thinks a law implements a wise policy, or implements it in the best possible way. He personally may think it's a very poor way to further a very foolish policy--but he doesn't have to like it. The question for the court is whether there is any conceivable legitimate purpose of government that the people of that state might have thought was served by their law.
You are the one wiggling around the marriage discussion trying to make like divorce should be illegal because it is some sort of "nature" thing.
At least have the character to say what you are actually getting at. You believe divorce should be illegal because of your religious beliefs.
"We have to ban same-sex marriage because vanilla ice cream is unhealthy" is not an interest I need to disprove, surely you agree. Rather, stated interests need to be disproven.
There is no conceivable legitimate purpose to banning same-sex marriage. There is no rational belief that banning same-sex marriage will result in better homes for children, or more heterosexual marriages, or more stable homes, or more children, or any other reason ever stated. Upholding your tradition and imposing it on to me is not a legitimate state interest. Ensuring you aren't personally offended by a change in definition of a legal term is not a legitimate state interest.
And this is all even assuming rational basis review is the correct standard. Several courts disagree. Personally, I think at least intermediate scrutiny applies because defining marriage as between a man and a woman is quite clearly a distinction of gender.
Last edited by Deuce; 10-12-14 at 01:05 PM.
One of you will end up here next!
I am not criticizing but explaining his use of 'natural', which he has written here himself.
32 “Whoever acknowledges me before others, I will also acknowledge before my Father in heaven. 33 But whoever disowns me before others, I will disown before my Father in heaven.