Same-sex marriage may be banned at the state level

rupol2000

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The 10th amendment states that any law that is not written into federal law can be introduced at the state level. Since federal law says nothing about same-sex marriage being legal, any state can ban it under the 10th Amendment of the Constitution.
 
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The 10th amendment states that any law that is not written into federal law can be introduced at the state level. Since federal law says nothing about same-sex marriage being legal, any state can ban it under the 10th Amendment of the Constitution.

It also states in the 14th amendment of the Constitution that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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."

 
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It also states in the 14th amendment of the Constitution that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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."

1) It's irrelevant

2) The decision of the constitutional court is legally void, because such an interpretation of the 14th amendment is impossible.

 
1) It's irrelevant

2) The decision of the constitutional court is legally void, because such an interpretation of the 14th amendment is impossible.


Well anti LGBT marriage laws can be declared unconstutional on the very basis that it spits on the equal protection clause.
 
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Well anti LGBT marriage laws can be declared unconstutional on the very basis that it spits on the equal protection clause.
Such an interpretation of the 14th Amendment is logically impossible.

 
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If we assume that the 14th Amendment protects against restrictions on implicit rights (that is, rights that follow from the absence of a prohibition), then any law in the United States is contrary to the 14th Amendment, because any law restricts implicit rights.
 
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Based on this, the 14th amendment can only apply to explicit (explicitly declared) rights.
However, the right to same-sex marriage is nowhere explicitly written.


Permission for a different sexual orientation is also not written anywhere. Therefore, states can prohibit not only same-sex marriage, but also homosexuality as is
 
Based on this, the 14th amendment can only apply to explicit (explicitly declared) rights.
However, the right to same-sex marriage is nowhere explicitly written.


Permission for a different sexual orientation is also not written anywhere. Therefore, states can prohibit not only same-sex marriage, but also homosexuality as is

Well at one time stuff like women's rights like suffrage,equal protection for POC(people of color) and such were also not in the Constitution.

The US Constitution is a living breathing document which changes over time.

Like one time it was legal to keep slaves,but that got abolished by the Constitution.
 
Well at one time stuff like women's rights like suffrage,equal protection for POC(people of color) and such were also not in the Constitution.

The US Constitution is a living breathing document which changes over time.

Like one time it was legal to keep slaves,but that got abolished by the Constitution.

Women's right to vote is explicitly written into the constitution and falls under the 14th Amendment. That is, no state can abolish the right of women to vote at the local level.

Same-sex marriage rights are not written anywhere, so they are not regulated by the 14th Amendment.

This is the difference
 
If we assume that the 14th Amendment protects against restrictions on implicit rights (that is, rights that follow from the absence of a prohibition), then any law in the United States is contrary to the 14th Amendment, because any law restricts implicit rights.
Damn that is stupid! Laws that are based on a compelling government/societal interest, or at minimum have a rational basis do no vio;ate the 14th amendment. Examples that cometo mind are murder, robery, kidnapping, fraud. Laws that limit or deny rights arbitrarily where there is no rational reason DO VIOLATE the 14th. Bans on same sex marriage is an exampleSo simple even a cave man can understand it
 
The 10th amendment states that any law that is not written into federal law can be introduced at the state level. Since federal law says nothing about same-sex marriage being legal, any state can ban it under the 10th Amendment of the Constitution.
What the fuck is it with you and same sex marriage and gay rights in general? What have they done to you? How does their existance effect your daily life? How many hours a day do you think about gay people and how disgusting they are? I suspect that you have some serious issues with your own sexuality. Your obsession is clearly an indication of emotional disturbance
 
Damn that is stupid! Laws that are based on a compelling government/societal interest, or at minimum have a rational basis do no vio;ate the 14th amendment. Examples that cometo mind are murder, robery, kidnapping, fraud. Laws that limit or deny rights arbitrarily where there is no rational reason DO VIOLATE the 14th. Bans on same sex marriage is an exampleSo simple even a cave man can understand it
If you follow the women's logic of the Supreme Court, you could not prohibit murder if it was not previously prohibited, because if murder is not prohibited, it is an implicit right and, according to their logic, falls under the 14th amendment
 
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What the fuck is it with you and same sex marriage and gay rights in general? What have they done to you? How does their existance effect your daily life? How many hours a day do you think about gay people and how disgusting they are? I suspect that you have some serious issues with your own sexuality. Your obsession is clearly an indication of emotional disturbance
It has nothing to do with the matter, just your emotions
 
It has nothing to do with the matter, just your emotions

Are you a in the closet gay?

I read the more someone hates gay people, the more likely they are to be gay or had a gay experience.



 
Are you a in the closet gay?

I read the more someone hates gay people, the more likely they are to be gay or had a gay experience.
It's strange that gay advocates are trying to accuse someone of being gay, don't you think?
 
Women's right to vote is explicitly written into the constitution and falls under the 14th Amendment. That is, no state can abolish the right of women to vote at the local level.

Same-sex marriage rights are not written anywhere, so they are not regulated by the 14th Amendment.

This is the difference

It is not whether same-sex marriage rights are written anywhere.

It is the fact that straight marriage is accepted and recognized. The 14th amendment provides for equal protection under the law.
 
It is not whether same-sex marriage rights are written anywhere.

It is the fact that straight marriage is accepted and recognized. The 14th amendment provides for equal protection under the law.
I didn’t understand anything, but for fools, I explain once again: if implicit rights fall under the 14th amendment, then it is impossible to issue laws
 

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