C_Clayton_Jones
Diamond Member
marriage laws don't discriminate by gender....all men all women can marry....
discrimination doesn't fly....sexual orientation is not an immutable characteristic like skin color...
It doesnt need to be.
In both Romer and Lawrence the Supreme Court clearly established that equal protection and privacy rights pertain to freedom of choice, the right of the individual to self-determination, and the fundamental tenet that government can not interfere with how one defines himself as an individual. Therefore whether homosexuality is a choice or naturally occurring is legally and Constitutionally irrelevant, and this is consequently a failed argument.
you can define yourself in a thousand ways.....by choice or by your nature.....that doesn't make you a Constitutionally protected minority class like blacks....in fact it all flys in the face of being a 'class'....
as individuals you are not being discriminated against either....you can still marry the opposite sex if you choose.....as many have done....
No one ever said they were.
Although homosexuals are not considered a suspect class, such as with race and ethnicity, they are nonetheless a recognized class of persons, entitled to equal protection rights, in the context of their right to self-determination as individuals:
Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct.
The State cannot demean [the] existence [of homosexuals] or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter. [citing Casey]
LAWRENCE V. TEXAS
Clearly there is no greater aspect of ones personal liberty than whom to marry; and clearly the state is in no position to dictate to any person whom he may marry predicated solely on the fact he is a homosexual.