NYcarbineer
Diamond Member
There was equal protection. No heterosexual could marry someone of the same gender. Ditto with homosexual. Every homosexual had exactly the same right to marry as every heterosexual.Marriage is present in the 10th amendment and is clearly a power of the states, not the federal government.You appear to be getting you ass kicked here.It doesn't matter if it 'alters' it or not. What you should have done, was c/p what was written--- as is--- & perhaps included the page #. You added your own opinion. Although I did know, others might not have. And BTW, I am not a liberal, & am not a partisan stooge like you certainly are showing yourself to be.
So, yes or no - should white males ONLY have the right to bear arms per the 14th Amendment?
It's pretty simple: judges go by what is written in the Constitution. They do not invent things seen in the "emanations and penumbras."
If the Constitution is not to be considered a living document, then it needs to be interpreted exactly as written with no exceptions. If for example "gay marriage" is not to be considered as "equal protection" under the law, because homosexuality was not a consideration when the Constitution was written, then that would also mean such things such as to right to bear arms must also be strictly limited to the exact wording & any American citizen other than white males can own firearms.
The 2A means exactly what it says: the right to keep and bear arms shall not be infringed. It in no way restricts that right to white males.
Equal protection under the law is present in the 14th. And States lack the authority to violate that prinicple. If they apply marriage laws in violation of that legal principle they run into problems with the 14th amendment. And its the 14th that the USSC cited when overturning same sex marriage bans from the States.
That's how it stands. You may disagree, but the legal precedent on the matter doesn't change because of it.
The Court divined a new right of gay marriage out of whole cloth. Wrongly, of course. No one even conceived of a right to gay marriage 30 years ago. Much less 100.
Sometimes people get things wrong for a very long time.
Separate but equal is not equal protection. That is well established.