Again, nothing is absolute. We allow straight couples to enter into a contract with each other and passed laws related to that contract. If we allow gay couples to enter into the same contract with each other then those protections will logically apply to them as well. Under what constitutional basis do you have to deny them that protection by not allowing them to enter into a contract with each other?
The Air Force is state-based?
Under what constitutional basis do you have the ability to force states to recognize they are equal? The constitution is silent on the issue.
Why are you bringing the air force into this? That being said a lot of states do indeed have Air National Guards, as allowed to under the 2nd amendment allowing states militias.
"Equal protection of the laws" is my basis and that is from the Constitution. Now I've answered your question again, but you still haven't answered mine.
Because your argument was that it doesn't exist in the Constitution. Neither does the Air Force....and many other things that we still allow through rational interpretation of the document.
The air force was created as part of the Army in the Signal Corps in 1914. It was only separated via "treaty" with the Executive Branch due to the role of nuclear power projection in 1947.
The Air force has a clear line of creation going back to the army, and the formation of an army is a task left to the federal government.
In no place in the document is any federal mandate to define the marriage contract, nor is there any explicit right to marry who you choose.
The key is "rational." What is happening now is not interpretation, it is creating things out of thin air.
Oh the Air Force is created out of thin air. The Constitution does not provide for the establishment of an Air Force- but we have one anyway.
Meanwhile- the right to marry has been confirmed over and over.
Loving v Virginia
"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival."
Zablocki v. Rehail
Although
Lovingarose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals.
Maynard v. Hill,125 U. S. 190(1888), the Court characterized marriage as
"the most important relation in life,"id.at
125 U. S. 205, and as
"the foundation of the family and of society, without which there would be neither civilization nor progress,"
In
Meyer v. Nebraska,262 U. S. 390(1923), the Court recognized that
the right "to marry, establish a home and bring up children" is a central part of the liberty protected by the Due Process Clause,
In
Griswold v. Connecticut,381 U. S. 479(1965), the Court observed:
"We deal with a right of privacy older than the Bill of Rights -- older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."
Carey v. Population Services International,431 U. S. 678(1977)
"While the outer limits of [the right of personal privacy] have not been marked by the Court, it is clear that among the decisions that
an individual may make without unjustified government interference are personal decisions 'relating to marriage,
Cleveland Board of Education v. LaFleur
"This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment"