I'll bet the latter, as I know you cannot pull off the former.
Last edited by Goobieman; 10-27-09 at 03:31 PM.
The 14th amendment reads:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ... without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
My argument, the one you continue to dodge, is that, because marriage is a legal status created by the state, it is necessarily not a right, but instead a privilege conferred by the state.
Now, were you going to try to counter that, or continue to dodge it?
“Liberty means responsibility. That is why most men dread it.” ~George Bernard Shaw
This is the part of Loving that is different from the same sex situation today. There are no convictions to be overturned because no criminal convictions exist. Without that, Loving would never have happened.Originally Posted by from ruling
"The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious gender specific discriminations. Under our Constitution, the freedom to marry, or not marry, a person of the same gender resides with the individual and cannot be infringed by the State. "
Applying the same sex to the Loving ruling results in a statement that is true for same sex couples. They may marry who they like. (or not)
From the ashes.