Requiring marriage to a partner of the opposite sex was also applied equally, regardless of race, gender, or even sexual orientation.
Take that argument a step back in history: Requiring marriage to a partner of the same race was also applied equally.
Virginia tried to argue there was no racial discrimination but there was. The court determined:
"There is patently no legitimate overriding purpose independent of invidious racial discrimination which justifies this classification. The fact that Virginia prohibits only interracial marriages involving white persons demonstrates that the racial classifications must stand on their own justification, as measures designed to maintain White Supremacy."
Loving v. Virginia - Wikipedia the free encyclopedia
You're in good company. A lot of Leftists miss that one.
Interesting. Doesn't however change the fact that insisting that marriage and it's legal benefits be limited only to mixed-gender couples violates the Constitutional premise of equal treatment under the law, which is what has struck down a multitude of state bans.
The other thing...the "hearts and minds" aspect...that is exactly what has been going on as well. This wasn't pushed to the SC right off the bat - it has been going through state after state. Polls show, overwelmingly - that support for same sex marriage has been growing with over 50% in favor. To me, though - that's irrelevant because basic rights should never ever be determined by popular opinion.
Equal treatment under the law didn't enshrine the right for everyone to marry whoever they want, which not only has no legal precedent in the United States, but in human history as well. If the right to marry an unrelated person of the opposite sex is applied equally, it cannot violate the 14th Amendment. And those laws are applied equally even in states that offer no protection for sexual orientation...such as mine.
And just so you know, the interracial marriage issue is one that's close to home for me. I married a white woman and enraged members of my family that want to keep Native American bloodlines pure which is almost a religion in my tribe. It's amazing how nobody ever accuses those Indians of racism even though it's deep set in my culture. Double standard perhaps?
You still don't have the right to marry "whoever you want" in the United States. What you cannot do in 35 states plus the District of Columbia is discriminate based on gender. In over 60% of the country you and I both have the right to marry the non familial consenting adult of your choice regardless of gender.
What is amazing to me is that someone in an interracial marriage would even consider denying to gay couples based on gender what was denied them based on race.
What is amazing to me is that anyone can rationalize that gender and race are the same thing when it comes to the subject of marriage.
Marriage is for reproduction, and please, don't start with the "barren" couples argument. Been there, done that.
Mark