Marener
Platinum Member
- Jul 26, 2022
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Marriage is the basis. Marriage is a longstanding historical tradition which makes it subject to due process claims.It has to have a basis in something. And I notice you haven't found a link for a historical precedent for SSM. Dodge, duck, dip, dive and dodge.
Loving was right, Obergfell wasn't. It's just that simple.
And not allowing SSM isn't based on gender, it's based saying pairing X is not equal to pairing Y.
Substantive due process is made up bullshit.
If you read Loving v Virgina, almost all of it has to do with equal protection. The due process argument occupies two small paragraphs at the end. Those two paragraphs could apply almost identically to same sex marriage by exchanging race with gender.
Lots of constitutional ideas are made up bullshit. Substantive due process is far more rational than dumb crap like major questions doctrine.