Can states with counties in their states still have "dry" counties? Where alcohol is not sold? Then why not SAY NO TO GAY AND LESBIAN MARRIAGES be ok.?
Because state or local laws prohibiting the sale of alcohol are applied to everyone equally, no particular class of persons is singled out for exclusion. If state or local laws prohibiting the sale of alcohol were applied only to Asian-Americans, for example, such measures would be in violation of the 14th Amendment.
Likewise, measures that seek only to prohibit same-sex couples from entering into marriage contracts are repugnant to the Constitution, as they authorize the unwarranted exclusion of gay Americans absent any rational, factual justification.
And no, alcoholics do not constitute a 'particular class of persons.'
So anyone can be married in America no questions asked?
See post #698.
A man, cannot marry a man, and a woman cannot marry a woman, who is being discriminated against as the law is applied equally between all men who wish to marry another man, and all women who wish to marry another woman. There is no law that allows a white man to marry a white man, but then denies a white man to marry a black man, etc, therefore it would appear that the law is applied equally. Now if it is a question of not being applied equally to a man marrying a woman, and not allowing a man to marry a man, then it would also not be applied equally if polygamy is not also put in the mix, and made legal as well.
The real issue as I see it is that the only way this amounts to discrimination is if a man and a man, or a woman and a woman are not allowed to contract, as in a civil union.
Art. I, Sect. 10, of YOUR U.S. CONstitution recognises the unlimited right to contract as long as we do not infringe on the life, liberty, or property of someone else. Therefore the only discrimination would be if a man and a man or a woman and a woman were not allowed to contract a civil union, wherein that civil union would carry all of the advantages and disadvantages of a marriage. The definition of a marriage has been traditionally and legally defined as a contract between a man and a woman, therefore I see no Jurisdiction wherein the central body, or the SCOTUS has the authority to force a State to redefine a set legal and traditionally defined word to include that which it has never defined as such.
If a State after having this fictional definition of a marriage forced upon them were to then begin using the terminology of Holy Matrimony to define a union between a man and a woman, and leaving the fictional definition to a man and a man, or a woman and a woman, would that somehow be discrimination?
You see, the issue is the right to contract, NOT the definition of a marriage, which this minority of same sex couples wish to make it, all the benefits, and disadvantages of a marriage can be obtained through the contract of a civil union between these same sex couples, in their unlimited right to contract as long as in doing so they are not infringing on the life, liberty, or property of another.
All else in this contest is simply B/S..............