Last edited by winston53660; 08-09-10 at 07:31 PM.
Levels of Scrutiny Under the Equal Protection ClauseI can not rationally say? Are you not injecting your own opinion of what is rational? Why? Where are there age limits under the equal protection clause?
Learn how the EPC works. Tell me where age and numbers fit on the list. Gender is under middle tier scrutiny. Further ask if restricting age in marriage might, like many other restrictions on age, meet some of those levels of scrutiny.
"Legislation frequently involves making classifications that either advantage or disadvantage one group of persons, but not another. States allow 20-year-olds to drive, but don't let 12-year-olds drive. Indigent single parents receive government financial aid that is denied to millionaires. Obviously, the Equal Protection Clause cannot mean that government is obligated to treat all persons exactly the same--only, at most, that it is obligated to treat people the same if they are "similarly circumstanced."
Over recent decades, the Supreme Court has developed a three-tiered approach to analysis under the Equal Protection Clause."
Levels of Scrutiny Under the Equal Protection Clause
As I said before, for laws to be deemed unconstitutional under the Equal Protection Clause they have to pass scrutiny. Scrutiny requires that evidence be presented, showing that there is a compelling state interest. In order for polygamists, pedophiles, and zoophiles to have marriage that fits their situations, they need to demonstrate with evidence to the courts that the laws that prohibit them from such do not serve a compelling state interest and are not substantial or rational.
Now if you want to argue that the government is obligated to treat all persons exactly the same under the Equal Protections Clause and that polygamy should be accepted even though you present no evidence that it supports a state interest, as you are required to do under Supreme Court precedent, then feel free. If you make that argument, then it is not supported by precedent, law, evidence, or even reason. It is only your personal opinion and willful ignorance of the limitations of scrutiny that the Supreme Court has placed on the Equal Protection Clause so that the government is, at most, only obligated to treat people the same if they are "similarly circumstanced."
Last edited by CriticalThought; 08-09-10 at 07:47 PM.