Skylar
Diamond Member
- Jul 5, 2014
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You're clearly confused. The court never said that the 14th amendment 'says' this. They said it requires it, and laid out the exact citations of the 14th that create this requirement.And who says that Obergefell is an 'unconstitutional statute'? The USSC says this:
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf
Who to believe? You or my link? Tough choice, I know.
No where in the 14th Amendment is marriage mentioned.
And where does the constitution say that a right has to be enumerated to be protected?
Here's the constitution.
Transcript of the Constitution of the United States - Official Text
Show me. Oh, and check out the 9th amendment when you have a second. You might find it relevant.
You link states, "the 14th Amendment requires the state to issue a marriage license to same sex couples". The 14th Amendment says no such thing.
First, the due process clause:
" or shall any State deprive any person of life, liberty, or property, without due process of law "
Obergefell v. Hodges said:The fundamental liberties protected by the Fourteenth Amendmentâs Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs....
....Applying these tenets, the Court has long held the right to marry is protected by the Constitution.
And second, the equal protection clause:
"nor deny to any person within its jurisdiction the equal protection of the laws."
Obergefell v. Hodges said:The right of same-sex couples to marry is also derived from the Fourteenth Amendmentâs guarantee of equal protection....
....The challenged laws burden the liberty of same-sex couples, and they abridge central precepts of equality. The marriage laws at issue are in essence unequal: Same-sex couples are denied benefits afforded opposite-sex couples and are barred from exercising a fundamental right.
Hmmm. Who to believe? You or my link? Tough choice, I know.
It says it in the source you posted. Perhaps, in the future, you should actually read it, before you post it.
And where did the Supreme Court claim that the 14th amendment 'says'' that the states were required to issue a marriage license to same sex couples?
The court instead held that the 14th Amendment requires the state to issue a marriage license to same sex couples. And specifically cites the Due Process Clause and Equal Protect Clause as creating this requirement.
Ignore as you will. It really doesn't matter.