Nowhere in the fourteenth amendment does the "equal protection" clause provide for homosexual marriage........................
Though perhaps if it is wished for enough, maybe it should....................lol
When a married couple files a married tax return, they do so because there is a law which allows them to do so. They could not possibly file a married tax return if there was no law which created the married tax return.
When two gay people get married, they are not allowed to file a married tax return. For some reason, it scares the living bejeesus out of some people if they were to file a married tax return.
This means they do not have "equal protection of the laws".
Let's go to Section 1 of the 14th Amendment of the US Constitution. I know some of you are probably surprised there are more than 10 Amendments, but it is true! There are!
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
So once a law is created, everyone is protected by it. You cannot keep someone away from that protection without a good reason. You must have a rational reason for denying that protection to them.
"I hate fags" is not a rational reason to prevent two men from entering into a matrimonial contract and filing a joint tax return. "Because incest!" is not a rational reason to prevent two men from entering into a matrimonial contract and filing a joint tax return.
All of the above was established in precedent by Loving v. Virginia. Read it. Learn it. Because when gay marriage finally comes before the Supreme Court, it will be cited as the precedent for legalizing gay marriage all the way up to the federal level. This will result in the interesting paradox of some ignorant blacks screaming about using the struggle for black equality to achieve gay equality. The idea that gays should be treated like everyone else just does not compute with some blacks who believe blacks should be treated like everyone else.
Go figure.
I would hope the people on the opposing legal team would bring up the incest and bestiality red herring when that day comes in court, just for the incredibly hilarious yucks it would bring watching them get bitch-slapped by all nine justices, but they could not be lawyers who made it all the way to arguing before the Supreme Court if they were that profoundly stupid.
It's a states right issue one state cannot force their laws anto another state.
Nothing in the Constitution about gay marriage being allowed by federal law.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.