ShackledNation
Libertarian
- Jun 16, 2011
- 1,885
- 209
And that is relevant how?If the law has been challenged in court, then yes, the rational basis test applies - or a higher standard of review. That's how it works. Is this news to you? Wow.You have a faulty understanding of Constitutional Law. Laws must pass the rational basis standard, meaning there must be a rational basis for the law. Thus, laws banning same-sex marriage must have a rational basis for their existence. You have completely flipped the burden of proof from the government (defendents) to the plaintiffs. That is simply wrong.Yes Pop, we have sex, we have relationships and we have children. We also have legal civil marriage in 19 states and the District of Columbia. Our inability to procreate with each other, is not a consideration in whether or not we achieve marriage equality. Your strawman is irrelevant and your analogy way off. It is more like you wish to deny me a license because my car runs on something other than gasoline.
It may not be a consideration for you, but it is a consideration for the voters and for rational people. The is no rational basis to extend marriage to gay couples. None.
There is no rational basis to discriminate against same-sex couples and deny them the right to marry. Procreation is irrelevant to who can marry.
Spare me the "rational basis" crap. There are literally millions of laws on the books. Are you telling me they have all had the "rational basis" rule applied to them? Furthermore, there is a rational basis for excluding gays from marriage: they can't reproduce.
End of discussion.
If the rational basis reason for excluding gays is "they can't reproduce" then infertile heterosexual couples would be excluded as well. They aren't, thus that argument holds no water.
Good lord, reproductive disabilities are no different than any other disabilities.