Seawytch
Information isnt Advocacy
- Aug 5, 2010
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marriage laws are state laws and the constitution stipulates equal protection under state law for all citizens, so whatever the state law conveys via marriage to committed hetero partners, so too must the state convey to gay partnerships.
Amendment XIV
Section 1.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
Then i guess it should apply to CCW's as well.
i haven't been following your CCW discussion...
as far as the OP...
the question is on what grounds does the state deny homosexual partners the same privileges conveyed by state marriage laws??
because God...? because tradition...? because tyranny of the majority...?
jimmy carter is correct in that marriage is 'a state issue' but the real question is, on what CONSTITUTIONAL grounds do states refuse to convey equal protection of gay partnerships??
Because SSM is not a right as per the federal constitution, and is not given to the feds to regulate. Thus it falls to the state legislatures to determine the contents of the marriage contract.
'the feds' via the court have the authority to make sure state laws are constitutional.
you did not answer my question but that's okay since there is no answer...meaning, there aren't any constitutional grounds for states to refuse to convey equal protection of gay partnerships... why? because the 14th amendment to the CONSTITUTION!
That is based on the assumption that SSM and OSM are equal.
They are in 32 states and the District of Columbia. You still don't think they're equal though do you? Hmmmmm....
Also, how many of those states passed laws declaring it, and how many had it done by judicial fiat?
Fewer than were made interracial marriage states by "judicial fiat".