That's quite a lot of verbal gymnastics for even you Monty.
However, if you derive "marriage legally includes same sex couples" from an alleged "constitutional right" that that is so, you've got troubles...perhaps that's why you did the verbal gymnastics...a bit of sleight of hand there?
The problems with your "gay marriage is constitutional" are these (at least and maybe more)
Wow. You are the greenest poster I know. As you don't put up anything that isn't recycled compost now.
Lets go through these classic pieces of debunked pseudo-legal horseshit one at a time:
1. Kagan & Ginsburg both displayed rampant bias before Obergefell was heard. Caperton v A.T. Massey Coal 2009 says they were not allowed to preside over Obergefell.
Obvious nonsense. Same Sex marriage was already legal in both places they performed marriages. Which Windsor had already affirmed the States had every authority to do. Capterton was about elected judges adjudicating cases for campaign contributors.
Neither Kagan nor Ginsberg were elected. Neither received campaign contributions from anyone in Obergefell.
You have no idea what you're talking about.
2. The Judicial Branch of government cannot change the Constitution. Only Congress can do that. Creating a new inclusion in the 14th Amendment for "just some of the the Court's favorite repugnant deviant sex behaviors-as-identity but not others" violates the 14th's equality skeleton. Either all majority-repugnant deviant sex behaviors may be married, (think polygamy) or none of them may outside state laws.
The Judiciary can, however, interpret the meaning of the constitution.
3.
There are no provisions in the federal government for regulating marriage: it belongs to the states. In fact, Windsor 2013 found that as fact 56 times in that Opinion's wording.
States Have a Valid Legal Argument to Defy Gay Marriage Windsor's essence in fact was that DOMA should be dismantled precisely because marriage was up to New York where Windsor was "gay married"..I'll explain the quotation marks further down...
The Windsor decision explicitly states that 'Subject to certain constitutional guarantees', the issue of marriage is decided by the States. And in Obergefell found that these exact constitutional guarantees had been violated.
The Windsor court was the Obergefell court. Same people. Even the authors of the rulings was the same. You're literally arguing that Justice Kennedy, who wrote the Obergefell decision, didn't understand what Justice Kennedy meant when he wrote the Windsor decision 2 years earlier.
Um, no. Its just you who has no idea what she's talking about.
.
4. Marriage was a contract invented over a thousand years ago specifically to remedy the various situations where children found themselves without both a mother and father. Ergo, not only are children implicit partners in that contract, but the contract was invented and maintained for thousands of years FOR CHILDREN. The state gains no benefit from two adults shacking up. The state DOES gain benefit by enticing a mother and father for the sake of children's best shot at life. The woes without either a mother or father present for both genders of children are long understood, established, documented and simply also a matter of common sense. When the radical contract revision was proposed, children were not invited to the table. They had no representation in Obergefell; which was required by contract law.
1) No state required anyone getting married to have kids or be able to have them. Killing your argument entirely. As there were clearly valid bases to get married that had nothing to do with kids.
2) The Obergefell court found that denying same sex marriage hurts children. And recognizing same sex marriage helps children. Thus, per your own pseudo-legal gibberish about 'contract law', the Obergefell court should have ruled exactly as they did.
3) The Obergefell court explicitly found that the right to marry isn't predicated on children or the ability to have them. Killing your argument yet again.
See above about how you have no idea what you're talking about.
5. If a contract involving minors either expressly or implicitly serves a need of theirs, the contract cannot be changed to their detriment. Even if children wanted to change it to their detriment, it cannot be done. Study the Infants Doctrine: ancient law. Even if the reason for changing the contract is pure compassion for adults, it still cannot stand if it is to the detriment of children involved.. Incidentally, Loving v Virginia did not change that thousands-years-old skeleton where races all over the world intermarried to provide a mother and father for children. So, gay marriage is nothing at all like Loving and may not cite it because the two (mother/father) & (man/man, woman/woman) are NOTHING alike with regards to marriage's original reason for being invented.
1) The 'Infants Doctrine' is regarding contracts that legally obligated children. For example, contracts for children actors. There has never been any court nor law that has ever recognized that the 'Infacts Doctrine' has a thing to do with the marriage of adult parents. Nor has any source on contract law you've ever cited. You made it all up.
2) The Supreme Court found that denying same sex marriage hurts children. And recognizing same sex marriage helps children. Thus, per your own pseudo-legal gibberish about 'contract law', the Obergefell court should have ruled exactly as they did.
3) See above about how you don't know the first thing about contract law.
6. New York vs Ferber (1982) was a case about a guy Ferber who wanted to peddle kiddie porn, claiming the 1st Amendment supported his "right" to do so constitutionally. At first it was found that he could under the 1st, then it was found he could not. SCOTUS heard the case and even though SCOTUS rules in favor of free speech in even ridiculous and offensive cases as an unwavering rule, it found exception in NY v Ferber for one reason: children. The Court found that if a person exercises a constitutional right that somehow hurts children either physically or psychologically, then that right cannot be exercised. Gay marriage systematically strips boys of fathers and girls of mothers FOR LIFE without the possibility of parole from this mental prison. Infants and contract law has a clause that says if adults want to change a contract involving children, if there is even a shadow of a chance that change might hurt them, their new contract is VOID (not "voidable" but void upon its face). The burden is upon the adults to prove beyond a shadow of a doubt that boys raised without fathers and girls raised without mothers does no harm to them. Citing "single parenthood" isn't allowed because we are talking about THE MARRIAGE CONTRACT, not other situations outside it. Marriage, remember, exists for a reason. So, "gay marriage" cannot be, because that new revision harms children in predictable ways. There is AT LEAST enough evidence to cast doubt on "the benefits of stripping a child of either a mother or father"..and so...gay marriage everywhere is void. Children cannot suffer as a convenience...or even an extension of compassion to adults...Marriage was and is for children.
1) The Ferber case neither mentions marriage, nor finds that same sex marriage is harmful to children. You made all that up, citing yourself.
2) The Obergefell and Windsor ruling found that same sex marriage helps children. And that denying same sex marriage hurts children. Thus, per your own 'interpretations' of Ferber, the court should have ruled exactly as they did.
3) You disagree with
findings of the Obergefell and Windsor ruling, so you ignore them both. That's not a legal argument. Your agreement with the supreme Court has nothing to do with the legal authority of their ruling.
7. Children caught up in gay lifestyles are unfortunate...as are children caught up in single parenthood and polygamy. So, if you use the logic that "children are being harmed by their parent(s) not receiving the official blessing of society, you cannot disinclude children of polygamy or of monosexuals (single parents).. So says the 14th..
The 14th doesn't say any of that.
8. Obergefell may have been a nice phasod...a lovely parade of compassion for adults wanting to shack up together...but since the most important people in marriage were not invited, nor had representation at that Hearing, Obergefell is void upon its face. That Opinion is void. It is an illegal opinion for all the reasons above.
(Below: vv You won't think it's funny a year from now..)
1) There's no such requirement that 'children' be included in a Supreme Court hearing lest the hearing and ruling be 'void'. You imagined it.
2) "Phasod" isn't a word.