Jughead
VIP Member
I realize what the courts have said. However what's written in the constitution, and what the courts have said are two different things. If you search the constitution, there is no reference to marriage or right to marry. I also realize that we are bound by the courts decision, however in my posts I was referring to the constitution.Yup. The constitution was adopted in 1787 and went into effect in 1789. Segregation began around 1814, about a half century before the start of the civil war.Oh? Segregation did not exist? You want to go with that?
And?
This is more meaningless nonsense predicated on the fact that your position is completely untenable.
Segregation was struck down as un-Constitutional because it violated the 14th Amendment:
We conclude that, in the field of public education, the doctrine of "separate but equal" has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment.
Brown v. Board of Education | LII / Legal Information Institute
Likewise, laws designed to disallow same-sex couples access to marriage law are also un-Constitutional because they violate the 14th Amendment, such as Utahs Amendment 3:
Consequently, it is on-point, relevant, and appropriate to compare segregation to laws denying same-sex couples their equal protection rights, as both are equally repugnant to the Constitution.Like in the Prop 8 decision, the federal district court judge in Utah based his ruling on the grounds that Amendment 3 denied gays and lesbians in Utah their 14th Amendment rights to due process and equal protection.
Concerning due process, the court found that marriage is a fundamental right, and to deny this fundamental right to the three couples wishing to marry -- based on nothing more than moral disapproval or tradition -- is unconstitutional.
The Utah laws also violate equal protection, even when the court applied the lowest level of constitutional scrutiny, called rational basis review. Under this test, the court failed to find any rational connection between the government's interests in procreation or child-raising and the gay marriage ban.
Utah's Gay Marriage Ban Is Unconstitutional: Federal Judge - Decided