Skylar
Diamond Member
- Jul 5, 2014
- 52,660
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And where is the 14th amendment's prohibition of state violation of rights or unequal protection limited to 'race, color', religion, previous conditions of servitude.'The Supreme Court disagrees with you- hint: the 14th Amendment is part of the Constitution
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,
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"
This may come as a shock to you, but the Supreme Court is not the Constitution and is itself an institution subject to the Constitution, not the other way around. You think slavery is wrong? The Supreme Court disagreed with you. Don't like Jim Crow laws? The Supreme Court said they're just dandy. See how that works?
It may come as a shock to you, but the constitution never says that a right must be enumerated to exist. Quite the contrary: the constitution makes explicit mention of reserve rights that exist regardless of enumeration.
And the USSC is the body that is designated to interpret the constitution.
It says a power must be enumerated to exist. Federal regulation of marriage, via DOMA, homo marriage, or anything else is not a power granted to the federal government.
And a power to prevent states from violating the priveledges and immunities of US citizens and prevent unequal protection under the law is an enumated power:
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.
From Section 1 of the 14th Amendment of the Constitution of the United States
With every ruling overturning same sex marriage bans being on the basis of the violation of rights or unequal protection.
Though I am curious......Loving v. Virginia overtured state interracial marriage bans. Are you saying that this ruling was beyond the USSC's authority as well?
On specific criteria. Race, color, religion, previous condition of servitude, etc. Not just anything you want and certainly not for living a perverted lifestyle.
Here's the text of the amendment:
Fourteenth Amendment - U.S. Constitution - FindLaw
Show me.