JakeStarkey
Diamond Member
- Aug 10, 2009
- 168,037
- 16,520
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- Banned
- #121
A driver's license is a privilege, not a right. And miscegenation is not a parallel.Again, you are misunderstanding what equal protection means.
If you do not have a driver's license, you are not protected by the privileges extended to drivers. You cannot just get behind the wheel of a car and drive. You must acquire the license to drive and THEN you are protected by the law.
You cannot file a joint tax return unless you meet the marriage requirements.
You may be thinking at this juncture that putting a "you can't be male/male or female/female" requirement in the marriage law would solve your problem. But you would be incorrect, for the same reasons the "you can't be black/white or white/black" rule was struck down. This brings us to the other significant meaning of the 14th Amendment. You cannot deny someone the equal protection of a law which provides privileges or benefits, nor can you deny them the ability to exercise the equal protection of the law without a rational reason. This means not only are you prevented from not letting a licensed black driver from using the same roads white people use, you also cannot deny a black person access to a driver's license in the first place just because he is black. But it does mean you can deny a six year old a driver's license, because there is a rational reason for that discrimination.
You cannot write an anti black/white marriage rule in the marriage requirements, either, without a rational reason for doing so. See Loving v. Virginia.
So it follows that you cannot write an anti-gay marriage rule, either. All you've done with the "you can't be male/male or female/female" rule is replace racial discrimation with gender discrimination.
You have to have a rational reason for excluding someone access to a legal protection proferred by the government.
False and derivative analogies. Try again.