And of course within the next few years the Supreme Court will invalidate the North Carolina amendment as un-Constitutional, along with other similar amendments and measures, for the following reasons:
First, the State fails to demonstrate a compelling reason justifying the preemption of same-sex couplesÂ’ 14th Amendment right to equal access to the law, including marriage law. The State must submit evidence in support of its amendment, this evidence must be factual, objective, and consistent:
The laws challenged in the casesÂ…cited were narrow enough in scope and grounded in a sufficient factual context for us to ascertain that there existed some relation between the classification and the purpose it served. By requiring that the classification bear a rational relationship to an independent and legitimate legislative end, we ensure that classifications are not drawn for the purpose of disadvantaging the group burdened by the law. See
United States Railroad Retirement Bd. v. Fritz, 449 U.S. 166, 181 (1980) (Stevens, J., concurring) ("If the adverse impact on the disfavored class is an apparent aim of the legislature, its impartiality would be suspect .").
Amendment 2 confounds this normal process of judicial review. It is at once too narrow and too broad. It identifies persons by a single trait and then denies them protection across the board. The resulting disqualification of a class of persons from the right to seek specific protection from the law is unprecedented in our jurisprudence.
Romer, Governor of Colorado, et al. v. Evans et al., 517 U.S. 620 (1996).
Second, that marriage is perceived in a religious, historic, or traditional context is legally irrelevant:
It must be acknowledged [that for]…centuries there have been powerful voices to condemn homosexual conduct as immoral. The condemnation has been shaped by religious beliefs, conceptions of right and acceptable behavior, and respect for the traditional family. For many persons these are not trivial concerns but profound and deep convictions accepted as ethical and moral principles to which they aspire and which thus determine the course of their lives. These considerations do not answer the question before us, however. The issue is whether the majority may use the power of the State to enforce these views on the whole society through operation of the criminal law. “Our obligation is to define the liberty of all, not to mandate our own moral code.”
Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 850 (1992).
[T]he fact that the governing majority in a State has traditionally viewed a particular practice as immoral is not a sufficient reason for upholding a law prohibiting the practice; neither history nor tradition could save a law prohibiting miscegenation from constitutional attack.
LAWRENCE V. TEXAS
Last, the State may not be motivated by animus toward a particular class of persons when enacting laws, amendments, or other such measures, as to disadvantage that particular class:
[T]he amendment has the peculiar property of imposing a broad and undifferentiated disability on a single named group, an exceptional andÂ…invalid form of legislation.
ts sheer breadth is so discontinuous with the reasons offered for it that the amendment seems inexplicable by anything but animus toward the class that it affects; it lacks a rational relationship to legitimate state interests.
Romer, Governor of Colorado, et al. v. Evans et al., 517 U.S. 620 (1996).
Obviously the majority of the people of the State of North Carolina are ignorant of the fact that the United States is a Constitutional Republic, not a democracy. That the citizens of the Republic are subject only to the rule of law, not men, as men are incapable of ruling justly, the fact of this is demonstrated by the amendmentÂ’s election results.
When the Supreme Court strikes down the North Carolina amendment, the opinion in that case will be very similar to the Romer opinion:
“We must conclude that [the amendment prohibiting same-sex marriage] classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This [North Carolina] cannot do. A State cannot so deem a class of persons a stranger to its laws. [The amendment prohibiting same-sex marriage] violates the Equal Protection Clause…”