Skylar
Diamond Member
- Jul 5, 2014
- 52,660
- 15,654
- 2,180
There is no federal protection in the US constitution for driving or gay marriage. They are both state-regulated priveleges.State power many not limit civil liberties as defined by SCOTUS review.
States have not had that power since 1868, although the national government permitted them to do so wrongfully.
Actually. Marriage is recognized as a right. THe 9th amendment makes clear that there are reserve rights that are unenumerated. And the 14th ammendment permits the federal government to protect them. Congress cannnot overwrite State laws on marriage. But State laws on marriage cannot abrogate the rights of individuals. As Loving made stupidly clear.
Windsor only addresses Congressional power to overwrite State marriage laws. And they lack that authority. It says nothing of the federal government's authority to protect the rights of individuals that are violated by unconstitutional marriage laws. Nor did the Windsor decision need to. Loving already answered that question.
Hell yes they can.
If you are telling the truth about gay marriage being so popular these days, just put new measures on the states' ballots and be done with it.
Rights aren't subject to a vote. They can't be abrogated because the majority doesn't like them. And marriage is a right. Not a privilege.