There is a constitutional amendment protecting the right to bear arms specifically. Where in the constitution is the "right" to gay marry specifically provided for?
And when you go to the 14th Amendment, remember that "sex" is a noun and not a verb... Legally, that distinction makes all the difference in the world. Unless you're going to go for "religion". In which case you might have something...
The 14th amendment guarantees equal protection under the law. Now....since the law provided legal marriage licenses to couples who are of opposite gender, they are required, per the 14th to provide the same for couples of the same gender.
Just like the government cannot withhold drivers' licenses from gay drivers while providing them to straight drivers.
driving whether gay or straight is not different. being same sex married and opposite sex married is different, no matter how much you fervently hope it isn't. Equal protection doesn't apply if things are not equal.
You completely misunderstand the law and the issue.
The 14th AmendmentÂ’s Equal Protection Clause requires the states to allow all persons in the United States access to the laws of the states and local jurisdictions, including the statesÂ’ marriage laws.
In order for a given state to deny a person or class of persons access to its laws, such a prohibition must be rationally based, be predicated on objective, documented evidence, and pursue a proper legislative end. Absent those criteria, the state is disallowed by the 14th Amendment to exclude a class of persons access to its laws, such as same sex couples with regard to marriage.
In states which have sought to exclude gay Americans from their marriage laws, those measures have been invalidated by the courts because they lack a rational basis, are devoid of objective, documented evidence in support, and pursue no proper legislative end; indeed, these laws seek only to exclude gay Americans for who they are – this the states cannot do, a state may not deem a class of persons a stranger to its laws (
Romer v. Evans (1996)).
The issue has nothing to do with a same-sex couple being ‘equal’ to an opposite-sex couple, nor does equal protection jurisprudence compel the states to ‘treat everyone the same’; it does require, however, the states to allow persons who are eligible to participate in a given law – which would include same-sex couples and marriage law – to have access to that law.
Same-sex couples are not requesting ‘special rights,’ they are not requesting marriage laws be ‘changed,’ and they are not advocating for any kind of an ‘agenda,’ they are simply seeking access to marriage law they’re eligible to participate in – marriage law unchanged, unaltered, and not ‘redefined,’ in accordance with the Constitution.
Loony Taliban guy
