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Because they are not the same thing. And Marriage is not a "right". If it were, you would not need to procure a license to get one.
Well, the Supreme Court has stated that marriage is a fundamental right.
But regardless, Equal Protection under each and every law (which includes civil marriage law) is a specifically enumerated Constitutional right. And same-sex marriage bans will fall as a violation of this Constitutional right just like interracial marriage bans fell as a violation of this Constitutional right.
Well, the Supreme Court has stated that marriage is a fundamental right.
But regardless, Equal Protection under each and every law (which includes civil marriage law) is a specifically enumerated Constitutional right. Same-sex marriage bans will fall as a violate of this Constitutional right for the same reason interracial marriage bans fell as a violation of this Constitutional right.
Really? LOL to YOU!
Sexuality is NOT a choice. Yet RELIGION IS A CHOICE. You seem to be arguing that CHOICE should not be a protected class in America. So are you arguing that religion should NOT be protected under the Constitution because it is merely a CHOICE?
Last edited by Astron1000; 04-19-2015 at 10:56 PM..
SCOTUS will most likely legalize it even if the majority of Americans are against it. It's basically inevitable at this point.
Here's the thing...... SCOTUS should legalize it regardless of what the "majority" think. Why? Because:
1.) public opinion has no place in determining what the Constitution says, does, and means.
2.) A majority of people do not have a right to vote away the rights of the minority. That's why ruling that it's a "states rights" issue would also be in error.
3.) everyone has the right to equal protections under the law. If straight people can get protections and benefits under the law, so should gay people be able to.
It's all about EQUAL PROTECTION UNDER THE LAW. That's the core issue. You CANNOT discriminate. If two women want to marry so that they are legally protected regarding inheritance taxes and access to each others assets then US Constitutional law says that they ARE entitled to all of the protections that anyone else is, regardless of gender. That's all there is to it.
We must - as a society - regard the dignity of every human being as sacrosanct.
Because they are not the same thing. And Marriage is not a "right". If it were, you would not need to procure a license to get one.
I wish it were that simple but quite frankly, it's not. While philisophically you're right, in practice your premise is flawed. There are plenty of Constitutional Rights the government can and does require a license for. In a few places in this country, you have to get a license to own a firearm, which is a Constitutional Right. In many more, you have to get a license to carry that firearm, which is arguably a Constitutional Right. In a lot of places, you have to get a permit to publicly assemble and speak, which is a Constitutional Right.
Just because you have to obtain a license does not mean it's not a Right.
Because they are not the same thing. And Marriage is not a "right". If it were, you would not need to procure a license to get one.
How were the bans on interracial marraige not the same as the bans on same sex marriage? It was not up to the states to decide the fate of interracial marriage, it was the courts. And marriage is a right that has been held up in many cases. When Loving verses Virginia settled the issue of interracial marriage bans, more then 70% of the population opposed it. The majority does not have the right to vote on the rights of any minority.
hopefully the court will vote in favor of it...and hopefully the court will also say that as a right the states can not force you to pay or require you to get a license, and the license is a permission slip,... you shouldn't need a permission slip and fee for a right
In just a little over one week the US Supreme Court will be hearing legal arguments concerning whether or not gay and lesbian couples have a constitutional right to get married. The court will announce their ruling in June.
Currently, same sex marriage is legal in 37 states and the District of Columbia. The first state to legalize it was Massachusetts, in 2004. Most - indeed nearly 95% - of the lower court rulings have gone in favor of gay marriage.
What do you think?
Eleven states have enacted laws or passed popular referendums to legalize same-sex marriage.
I think Kennedy has to contradict himself in order to support same-sex marriage.
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