Okay.
Let's take the gay couple across the street. Great guys, excellent neighbors, snappy dressers, moved into the neighborhood a little after us about 15 years ago.
Walk me through how their marriage would result in me losing my house and car.
.
That's the problem, you're not looking far enough down the future, which is how most mistakes are made. When states no longer have any powers and the federal government presumes preeminence in all matters whether it be an enumerated power granted by the Constitution or not, then no refuge avails against unbridled federal power. Marriage is a state prerogative by default. Every federal court decision finding a "right" that doesn't exist in the Constitution aggrandizes federal power and makes states rights more irrelevant. This may go swimmingly for you when it's an issue you agree with, but a government big enough to grant rights is also big enough to take them away.
So the issue isn't about who moves into your neighborhood, the issue is whether or not your vote means anything on a state level because its in the states that our founders, in all their wisdom, invested reprieve from federal tyranny.
The states rights issue and the gay marriage issue are mutually exclusive, unless and until the people vote in folks who would make it so.
Would some people want to see far more power concentrated in DC, more of a central planning approach? Yeah, I'm afraid so. I'm more of a federalist, but going from where we are now to a central authority which would take away property rights like that is one helluva stretch.
.
You cannot be a federalist and support the trampling of state prerogative. Federalism is rooted in the concept of federal government restrained by enumerated powers, none of which grant to the federal government the power to regulate marriage. Constitutional amendments gave power to the federal government to ensure no discrimination exists in voting, but no similar amendment was passed to give it power over marriage, which has always been regulated by the states. torturing the 14th, 15th, and 16th amendments to contrive "rights" that were not intended is not constitutional constructivism, it's a power grab....a power grab that will one day backfire on you in a terrible way.
Incorrect.
The issue has nothing to do with the Federal government 'regulating' marriage.
The issue concerns the states violating the Due Process Clause and Equal Protection Clause of the 14th Amendment by denying same-sex couples access to state marriage laws they're eligible to participate in absent a rational basis, evidence in support, and a legitimate legislative end. “This [the states] cannot do. A state cannot so deem a class of persons a stranger to its laws.”
Romer v. Evans (1996).
Consequently, there is no 'power grab,' the notion is ignorant and ridiculous.
Wrong. The 14th Amendment was not designed to be read broadly beyond the issues it was designed to address, the abolition of slavery and the rights of those with previous conditions of servitude.
The 14th amendment was meant to apply the bill of rights to the States. As before the 14th, the States could (and frequently did) violate the rights of federal citizens. as the Bill of Rights didn't apply to States. The 14th amendment gave the Federal government the authority to intervene to protect those rights from State violation.
It didn't limit itself to slavery. Or even mention slavery. But instead the 'privileges and immunities' of federal citizens and that they receive 'equal protection if the law'.
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.
From Section 1, 14th amendment
And the right to marry is such a privileges and immunity. You may disagree. But no one cares.
It doesn't conceal and "secret rights".
You're confused. Reserve rights already exist. They aren't 'created' or 'concealed' by the 14th amendment. They are guaranteed by the 9th amendment. The 14th gives the Federal government the authority to protect them from State violation.
Remember...rights trump state powers. Read the 9th amendment some time. You'll find it illuminating.
State marriage laws, as they exist, don't violate the equal protection clause because it is applied equally; that is, any person can marry any unrelated person of the opposite sex.
The same logic was used to justify interracial marriage bans. As they applied equally to whites and blacks. Alas, you need a valid reason to deny someone a fundamental right. And in gay marraige bans, there is no such reason. Nor a compelling state interest.
Which might explain the absolutely abysmal record gay marriage bans have faced in the federal courts.
This applies regardless of race, gender, previous slave status, or even sexual orientation. What's "ignorant and ridiculous" (your words and they fit you so well) is the notion that the right to marry, applied equally to everyone, translates into a right to marry whoever one wants, which has no legal precedent whatsoever.
Actually Loving V. Virginia establishes the Federal government's authority to override State laws if those laws abrogate the fundamental right to marry. With Windsor v. the US reaffirming the 'certain constitutional guarantees' that state marriage laws are subject to.
You can ignore both rulings. But your willful ignorance doesn't really change much.
Your legal argument is crap, your grasp of constitutional law feeble, and your reasoning skills leave something to be desired. Bye.
Says you. Yet much the same arguments have carried 6 federal circuit court districts and made gay marriage legal in 36 of 50 States. With the USSC preserving every single one of those decisions. Including the decision that overturned prop 8 for much the same reasons.
And this same USSC overturning the portions of DOMA that banned gay marriage.
You can call it 'crap'. Yet gay marriage is still legal in 36 of 50 states. And growing. Get used to the idea.