Seymour Flops
Diamond Member
- Nov 25, 2021
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Actually, I've heard of originalism, but not "textualism." I'm sure it is a thing, but all this constitutional analyis and pigeonholing of people into such categories is usually an excuse to pretend that the constitution says something that it does not say. I'd be happy to see you in your own words explain what you mean by textualism, so I know how you perceive my position.Thanks for the vocabulary lesson. My bad. You know what I mean so stop trying to avoid it
Whatever your perception, the constitution leaves marriage to states.
I will agree with one thing, though probably not in the way you mean it: The equal protection clause does not specify race. It specifies nothing, except "any person."
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.You could read anything you want into "equal protection," and who it applies to, which is why it is a deeply flawed amendment. For example, a pro-lifer could say that "any person," certainly includes unborn persons. Using exact words, it does. But, in its historical context, abortion was legal and not very controversial at the time, so clearly the authors did not mean unborn persons.
Just as they clearly did not mean that states have to allow sibling marriage, plural marriage, or same-sex marriage.
The Flawed Fourteenth does mention race in the next section:
Section 2
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.Shameful, truly shameful.