kaz
Diamond Member
- Dec 1, 2010
- 78,025
- 22,328
Moreover, the Equal Protection Clause of the 14th Amendment requires the states to afford all persons access to state laws, including marriage law.
Yes, gays have always had that. Being gay never changed who someone can marry, so the 14th doesn't apply. Sorry, Charlie, but only good tasting tuna get to be Starkist.
The "fundamental right" in government marriage is the fundamental right of government to ubiquitous power. Government divides people and then pits them against each other. Government marriage is yet another way to do that, so of course government wants a monopoly on defining marriage.
Yes, actually it does. I don't want to marry any man just like Mildred didn't want to marry a black man. The same argument you are using was used to try to keep blacks and whites from marrying each other, that they could marry, just not who they wanted to.
The fundamental right to marriage applies to the gubmit kind. The religious kind is already covered in the 1st Amendment and gays have ALWAYS had equal access to that.
Check and mate, that's the issue. The law doesn't cover what you want, and the 14th doesn't cover what you want. The courts are there to follow the letter of the law. What you want is a matter for the legislature.