emilynghiem
Constitutionalist / Universalist
- Jan 21, 2010
- 23,669
- 4,181
1. Please point to the specific language in the Constitution the referencing a white man marrying a black woman.
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14th Amendment. Word = "race". I looked. I didn't see a word about homosexuality there. Nothing about polygamy or any other sexuality either. A black man (race) and a white woman (race) are still a man and a woman and so, only race set them apart from state law being able to marry. So, they could marry.
Silhouette
there is also creed by the Civil Rights act and related statutes.
The First Amendment free exercise of religion would tell
us that people who want to practice gay marriage as part of their religion
cannot be banned from doing so.
The reason this isn't cited is people want to ESTABLISH gay marriage
by govt and the First Amendment would bar govt from going that far!
So if we use the First Amendment, yes it would prevent bans barring gay marriage
but would also prevent govt from endorsing either this or other marriage beliefs.
marriage would remain either neutral as civil unions or domestic contracts,
or be kept private and out of govt as the Libertarians are arguing.