TheProgressivePatriot
Gold Member
A false analogy. Apples and oranges. Gun rights are not civil rights. It is a public safety question and government has a legitimate and compelling interest in limiting gun possession as a right. At the same time, no one is arguing that there is no rights to gun ownership at all.
Same sex marriage is and has indeed been found in the 14th Amendment. No one state was able to provide so much as a rational basis-leave alone a compelling interest- for bans on same sex marriage
Let's see progbrained, is GUN RIGHTS a RIGHT under the 2nd Amendment of the Constitution, and spelled out specifically as such? (Come on deny it, so I can throw more rocks at you!) What amendment, and don't tell me the 14th amendment that was SPECIFICALLY set up to deal with FREED SLAVES, of which the queer nation WASN'T, is in the Constitution!
Interpretation, WRONGLY, by a majority of 5 ASSHOLES, UNELECTED ASSHOLES in black robes, and specifically One of the biggest assholes named Kennedy has turned our culture on it's ear, for their OWN PERSONAL FEELINGS! NOTHING to do with law!
Two things they could have done, send it back to the states where it REALLY BELONGS to be handled, OR MAKE A NEW GENDRE out of fags marrying and call it a CIVIL UNION where 2 fruits have exactly the same rights as a married man and woman, BUT it is a different category.
Wow Zoro!! Calm the fuck down. Don’t have a stroke. The 2nd Amendment refers to a well regulated militia. The right to bear arms is in that same sentence. Yes, there is room for interpretation as to whether that means individuals or just militia groups, but” well regulated “ is the operative word while gun nuts want no regulations. It defiantly does not say that every mentally unstable yahoo can have as many assault weapons that they want-but that is what you guys mean by gun rights. All rights have limits and gun rights are limited by the need to ensure public safety which is a compelling state interst
Now, you want to talk about the 14th amendment? The 14th was ratified in 1868 to protect the rights of native-born Black Americans, whose rights were being denied as recently-freed slaves. However, it serves to protect against all other forms of discrimination as well.
The Fourteenth was intended by the framers of the Fourteenth to extend the jurisdiction and protection of federal courts to all rights recognized by the Constitution and Bill of Rights against actions by state government.
First, "any law" includes the state constitution, which is its supreme law, subject to the U.S. Constitution.
Second, for the framers of the 14th Amendment the term of art, "immunities", meant all those rights recognized and protected by the Constitution and Bill of Rights, including those of the Ninth and Tenth Amendments. The framers of the Fourteenth used the word "immunities" because the rights recognized and protected by the Constitution and Bill of Rights are rights against action by government, which are "immunities", as distinct from contractual or tort rights. http://www.constitution.org/col/intent_14th.htm
And consider this as well:
On Jan 12., 1866, Rep. John Bingham of Ohio began the drafting of the Fourteenth by a proposed amendment to the Joint Senate-House Committee of 15:
The Congress shall have power to make all laws necessary and proper to secure to all persons in every state within this Union equal protection in their rights of life, liberty and property.
On January 20 the Joint Committee's subcommittee considering drafts of constitutional amendments reported to the full Joint Committee an expanded form of the Bingham proposal that read as follows:
Congress shall have power to make all laws necessary and proper to secure to all citizens of the United States, in every State, the same political rights and privileges; and to all persons in every State equal protection in the enjoyment of life, liberty and property."[4]
On February 1, 1866, Senator Benjamin G. Brown of Missouri introduced, and the Senate adopted, a resolution that the Joint Committee consider an amendment to the Constitution
so as to declare with greater certainty the power of Congress to enforce and determine by appropriate legislation all the guarantees contained in that instrument[11] (emphasis added).
This resolution thus anticipated the intent of the Fourteenth Amendment to incorporate the Bill of Rights.
It’s pretty clear what the intent was. It has been applied in a wide variety of cases that did not involve race
WASHINGTON — Oklahoma has presented the U.S. Supreme Court with some peculiar 14th Amendment cases.
In 1942, the high court ruled that an Oklahoma law allowing some “habitual criminals” to be sterilized violated the equal protection rights of an armed robber because the law didn’t subject white collar criminals to sterilization.
“Sterilization of those who have thrice committed grand larceny with immunity for those who are embezzlers is a clear, pointed, unmistakable discrimination,” the court said.
In 1976, the high court found another 14th Amendment violation with an Oklahoma law that allowed women who were 18 or older to buy 3.2 beer, but prohibited men younger than 21 from buying it.
“We conclude that the gender-based differential contained in (the Oklahoma law) constitutes a denial of the equal protection of the laws to males aged 18-20,” the court said. http://newsok.com/the-14th-amendment-does-it-protect-same-sex-marriage/article/3954825
You might also know that there were 14 Supreme Court Cases that established Marriage as a Fundamental Right http://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/
Here are some notable cases where race was not a factor and were decided on the 14th amendment. Does anyone think that these decisions were a liberal over reach??
Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 541 (1942): Marriage “one of the basic civil rights of man,” “fundamental to the very existence and survival of the race.”
Griswold v. Connecticut, 381 U.S. 479, 486 (1965): “We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.
Zablocki v. Redhail, 434 U.S. 374, 384 (1978): “[T]he right to marry is of fundamental importance for all individuals.”
There are more, but you get the idea. So get over it. You had better take a chill pill in June when SCOTUS rules that same sex marriage is in fact a right under the 14th amendment. Have a good evening.
Lastly Civil Unions are horseshit and do not result in equality. More on that later. I don’t want to overwhelm your limited capacity to understand things.
Keep it coming if you enjoy getting smacked down so much.
You can quote SCOTUS all you want MARRIAGE is not a RIGHT!
"May was a game-changer for the national conversation on homosexual marriage.
On May 8, North Carolinans overwhelmingly voted in favor of Amendment 1. The ballot measure changed the state's constitution to define marriage as a union existing solely between a man and a woman. The approximately 61 percent to 39 percent vote in favor of the Amendment 1 makes North Carolina the 30th state to vote against homosexual marriage.
The very next day, to the surprise of exactly no one, President Barack Obama finally stated this belief: "At a certain point, I've just concluded that for me — personally — it is important for me to go ahead and affirm that I think same-sex couples should be able to get married."
Of course, both of these incidents revved up the debate over the legalization of homosexual marriage and its consequences. But there are several issues regarding homosexual marriage that have yet to be given the proper discussion they deserve.
The first is the notion of "rights." Homosexual marriage advocates argue that marriage is a basic right. Denying this right to homosexuals would therefore be illegal. That's not true. There's no right to marry contained in the U.S. Constitution.
Every person who claims that the denial of the ability to marry is unconstitutional is misguided.
Getting married isn't a right. Marriage is a civil institution that all societies in history have recognized and used as the best way to legitimize, protect and raise children as well as to solidify familial and political connections.
Second, the North Carolina law doesn't unfairly deny anyone of the ability to marry. The law — and others like it — defines and recognizes marriage as a union between one man and one woman. It doesn't exclude anyone from marrying. The law treats a heterosexual person the exact same way it treats a homosexual person, with both prohibited from marrying a person of the same sex.
Traditional marriage laws simply define what constitutes a married couple. The laws are extended equally — regardless of sexual preference.
So the right that homosexual marriage proponents claim exists really does not. There is no right to marry someone of the same sex. The ability for a person to marry someone of the same sex is equally denied to everyone.
Another claim that is offered in defense of homosexual marriage is that consenting adults should be allowed to marry whomever they love. But at what point is it alright to arbitrarily move the discriminatory lines of demarcation, and how is it justified?
If it's acceptable for homosexuals to marry each other because of love and consent, then why is polygamy illegal when the parties involved are similarly in love and consenting? What about aunts and nephews or uncles and nieces when the same standards are present? If it is discrimination against homosexuals, why would it not be discrimination against these other parties?
Lastly, homosexual marriage advocates claim that legalizing homosexual marriage is a civil rights issue — equating it with the struggle to legalize interracial marriages of the past. The attempt to correlate race with sexual preferences doesn't hold up when properly scrutinized.
Legalizing interracial marriages fulfilled the legal requirement of marriage between a man and a woman because there's no difference between a white man and a black man or a white woman and a black woman. But there are enormous differences between a man and a woman, which is why there are separate bathrooms for men and women.
It's why there is an NBA and an WNBA and an PGA and an LPGA. In all the aforementioned sporting leagues, there is a logical separation by gender while races and ethnicities are not classified.
Race doesn't matter. Gender does.
The emotional desire to legalize homosexual marriage is understandable, but to do so would be to change the law for a specific group of people. That's really discrimination."
Marriage is Not a Right
SCOTUS is NOT the final word, but apparently you aren't nuanced enough to understand that!
This amendment!???
Passed by about 20% of eligible voters!! Geeze, what is wrong with you?