Why the 14th Amendment Can’t Possibly Require Same-Sex Marriage

I am astounded by all the intelligent people here that are so hoodwinked by the phony homosexual propaganda. You are better than that, think for YOURSELVES. If what you people post is your own opinion YOU came too as an individual, I can resect that. But somehow, I don't think that's how most of your minds work. Bahhh, we are poor witto sheep that lost our way...
 
That indeed would be equal....if the state drops legal marriage licenses for ALL. Now, I would very much like to see that become the next battleground for the RW. :lol:
No, the next battle will be polygamy and incest marriage.
But if it is a matter of equality, then all that is needed is one woman to use the 14 th to gain equality in her right to walk in public with her breast bared as do men legally walk in public without a shirt.


Red herring. Polygamists cannot challenge the laws on the same grounds because in order to marry another a divorce must be entered into. A marriage is civil contract between two people.

Incest? Why would you even imagine anything like that? You sound disturbed. Incestual relations are prohibited by an overriding state interest.

Why would a woman use the 14th for that argument? You sound more and more like a moron on this
Sorry, but you are incorrect. A marriage has always been defined historically, traditionally, and legally as a "contract between a man and a woman". The minority attempt to redefine it on equal rights grounds, now opens the further re-defining on those same equal rights grounds, because the definition is being turned into fiction, in order to expand the jurisdiction of the central government based on a fictional creation. You are too short sighted, and gullible.
A marriage has always been defined...legally as a "contract between a man and a woman"?

really?

DOMA. Why was it supposed to be needed? That would be like making a federal Free Speech law. D'Oh! already exists.

Blacks won the argument to inter racial marriage on the grounds that a legal contract between two people could not be denied them. Our Southern White Christian Conservative racists tried to use a Jim Crow law stating no one, blacks or whites had a right to marry those of another race.
Again, you are incorrect.....
Loving v Virginia was a case concerning the "MARRIAGE " contract between a man and a woman of different race, hence such fit the definition of a marriage, that being " a contract between a man and a woman".
You are attempting to equate apples and ham.
No, you're incorrect.

Loving concerned the state seeking to disadvantage an interracial couple because of the make up of that couple, in violation of the 14th Amendment, just as the states today seek to disadvantage same-sex couples solely because of their make up:

“[Anti-miscegenation] statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment.”

Loving v. Virginia LII Legal Information Institute

Whether interracial or same-sex, to seek to deny a couple access to marriage based solely on its composition is un-Constitutional; such prohibitions are not rationally based, they are devoid of objective, documented evidence in support, and they pursue no proper legislative end – they seek only to harm same-sex couples, something the states may not do. (Romer v. Evans)
 
The OP needs to contact the lawyers arguing in front of SCOTUS asap to let them know what and how to make his winning argument.
 
I am astounded by all the intelligent people here that are so hoodwinked by the phony homosexual propaganda. You are better than that, think for YOURSELVES. If what you people post is your own opinion YOU came too as an individual, I can resect that. But somehow, I don't think that's how most of your minds work. Bahhh, we are poor witto sheep that lost our way...
What exactly is "phony"?
 
I will defend anyone that is actually being hurt. Gays not be able to marry, really? How is that a issue? How is that hurting anyone? Get real. They have EVERY and I mean EVERY right anyone, man woman or child has, so what, what is that BIG FLIPPIN deal?
You didn't answer the question ... how is your ability to be legally married by the state to the person you love equal to that of a gay person who is not legally allowed to marry the person they love?

You said they're equal -- I'm searching for equality here ...
 
I am astounded by all the intelligent people here that are so hoodwinked by the phony homosexual propaganda. You are better than that, think for YOURSELVES. If what you people post is your own opinion YOU came too as an individual, I can resect that. But somehow, I don't think that's how most of your minds work. Bahhh, we are poor witto sheep that lost our way...
There is no 'homosexual propaganda,' the notion is ignorant idiocy.
 
for Faunnon too bright

Equal Protection: An Overview
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights. See Civil Rights.
It's a pity you resort to invective while discussing this issue, but regardless, your argument falls apart when you equate marriage, which is a state sponsored contract; with an employee entering into a private contract.
Marriage is a specific contract, one that has always been defined, historically, traditionally, and legally as a contract between a man and a woman. What is being attempted, and successfully is a re- defining of what a marriage contract is, which at some point will require the exclusion of a group such as polygamists, incest, etc, else such contract becomes so diluted as to be useless as a contract, as there are no perimeters.
The legal argument should not extend beyond the U.S. CONstitutions enumerated right to contract, else all the LGBT communities are doing is begging to grant a fictional jurisdiction to the government into their private lives wherein they have always fought to keep it and religion away from its interjection.
 
for Faunnon too bright

Equal Protection: An Overview
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. See U.S. Const. amend. XIV. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights. See Civil Rights.
It's a pity you resort to invective while discussing this issue, but regardless, your argument falls apart when you equate marriage, which is a state sponsored contract; with an employee entering into a private contract.
Marriage is a specific contract, one that has always been defined, historically, traditionally, and legally as a contract between a man and a woman. What is being attempted, and successfully is a re- defining of what a marriage contract is, which at some point will require the exclusion of a group such as polygamists, incest, etc, else such contract becomes so diluted as to be useless as a contract, as there are no perimeters.
The legal argument should not extend beyond the U.S. CONstitutions enumerated right to contract, else all the LGBT communities are doing is begging to grant a fictional jurisdiction to the government into their private lives wherein they have always fought to keep it and religion away from its interjection.
Are my questions so tough, no one can answer them?

You [accurately] stated before. "...everyone does have a constitutional right to contract, as long as said contract does not infringe on the life, liberty, or property of another..."

Here's the question again which went unanswered ... who's right to life, liberty or property is being infringed upon by a gay couple being allowed to legally marry?

As far as marriage being "traditionally" defined as restricted to one man and one woman, I find that argument irrelevant. Times change. Traditions change. Even the Constitution changes.
 
What is the big deal here, anyway? Gays can't get married, not exactly the biggest threat to human rights I can think of. WHY is this even an issue?
That's a beauty of America -- some things which are not important to you but are important to others can be treated just as equally important to others; just as some things you do find important can be treated for you.
To me this is a totally artificial issue. We all are treated equally, and sometimes that means you don't get what you want because you just want to get your way. Gays with deep pockets and lawyers and lots of weepy eyed stories, they still haven't proven WHY they need marriage to me. I believe in being fair and in science and in facts. Marriage shouldn't be cheapened to a status symbol.
If we are already treated equally, how is it you get to marry the person you love but gays do not?
You do NOT have to love somebody to get married. Your argument is analogous to Mary saying you need to bear children to get married
No, plenty of straight heterosexual couples get married and then learn to hate each other, some even have children out of lust turned to hate. It happens, marriage is being perverted (no pun intended) all the time by straights and now gays think all you need is a turkey baster or adopt. No, not buying it. No. it is getting weird here. I am beginning to wonder about gay marriage if even straights don't take it seriously anymore.
 
What is the big deal here, anyway? Gays can't get married, not exactly the biggest threat to human rights I can think of. WHY is this even an issue?
That's a beauty of America -- some things which are not important to you but are important to others can be treated just as equally important to others; just as some things you do find important can be treated for you.
To me this is a totally artificial issue. We all are treated equally, and sometimes that means you don't get what you want because you just want to get your way. Gays with deep pockets and lawyers and lots of weepy eyed stories, they still haven't proven WHY they need marriage to me. I believe in being fair and in science and in facts. Marriage shouldn't be cheapened to a status symbol.
If we are already treated equally, how is it you get to marry the person you love but gays do not?
You do NOT have to love somebody to get married. Your argument is analogous to Mary saying you need to bear children to get married
No, plenty of straight heterosexual couples get married and then learn to hate each other, some even have children out of lust turned to hate. It happens, marriage is being perverted (no pun intended) all the time by straights and now gays think all you need is a turkey baster or adopt. No, not buying it. No. it is getting weird here. I am beginning to wonder about gay marriage if even straights don't take it seriously anymore.
Still no answer ...

How is your ability to be legally married by the state to the person you love equal to that of a gay person who is not legally allowed to marry the person they love?

You said they're equal -- I'm searching for equality here ... but you won't answer ... ? :dunno:
 
Faun I do know this:

In the Supreme Court, the two lesbian and gay couples who are challenging Proposition 8, urge a broader position. They argue that Proposition 8 not only violates the Equal Protection Clause, but denies gay and lesbian persons the fundamental right to marriage guaranteed by the Fourteenth Amendment’s Due Process Clause. The Same-Sex Marriage Cases Equality and the Pursuit of Happiness Brennan Center for Justice
What do you think establishes marriage as a fundamental right?
No, the next battle will be polygamy and incest marriage.
But if it is a matter of equality, then all that is needed is one woman to use the 14 th to gain equality in her right to walk in public with her breast bared as do men legally walk in public without a shirt.


Red herring. Polygamists cannot challenge the laws on the same grounds because in order to marry another a divorce must be entered into. A marriage is civil contract between two people.

Incest? Why would you even imagine anything like that? You sound disturbed. Incestual relations are prohibited by an overriding state interest.

Why would a woman use the 14th for that argument? You sound more and more like a moron on this
Sorry, but you are incorrect. A marriage has always been defined historically, traditionally, and legally as a "contract between a man and a woman". The minority attempt to redefine it on equal rights grounds, now opens the further re-defining on those same equal rights grounds, because the definition is being turned into fiction, in order to expand the jurisdiction of the central government based on a fictional creation. You are too short sighted, and gullible.
Even if that's true, it's the government's job to make same-sex marriage legal in all of the United States. Marrying the person you love and want to be legally bound to for life is a fundamental right; in accordance with the right to pursue happiness. And it's the government's job to secure our rights. Neither a person's gender nor the gender of the person they love has anything to do with it.
You are only partially correct. You are incorrect in your assertion that...."marrying the person you love and want to be legally bound to for life is a fundamental right."
While it is, and everyone does have a constitutional right to contract, as long as said contract does not infringe on the life, liberty, or property of another, however, a marriage while indeed is a contract, it is and has always been defined specifically, historically, traditionally and legally "a contract between a man and a woman".
Same sex couples who wish to contract with the one they love a binding lifelong devotion to be legally recognized may be done via a civil union contract. That is where their legally argument should be, not a legal case to re-define a marriage contract. What this silliness is doing is granting the central government a fictional jurisdiction expanding its power, and authority over the rights of the individual.
Oh? And who's right to life, liberty, or property is being infringed by a gay couple marrying each other?
There is no infringement, that is why they have the right to contract a civil union between themselves professing their lifelong commitment to one another, however a marriage is a specific contract between a man and a woman. The same commitment , and rights may be achieved without refi fining a marriage contract.
 
That's a beauty of America -- some things which are not important to you but are important to others can be treated just as equally important to others; just as some things you do find important can be treated for you.
To me this is a totally artificial issue. We all are treated equally, and sometimes that means you don't get what you want because you just want to get your way. Gays with deep pockets and lawyers and lots of weepy eyed stories, they still haven't proven WHY they need marriage to me. I believe in being fair and in science and in facts. Marriage shouldn't be cheapened to a status symbol.
If we are already treated equally, how is it you get to marry the person you love but gays do not?
You do NOT have to love somebody to get married. Your argument is analogous to Mary saying you need to bear children to get married
No, plenty of straight heterosexual couples get married and then learn to hate each other, some even have children out of lust turned to hate. It happens, marriage is being perverted (no pun intended) all the time by straights and now gays think all you need is a turkey baster or adopt. No, not buying it. No. it is getting weird here. I am beginning to wonder about gay marriage if even straights don't take it seriously anymore.
Still no answer ...

How is your ability to be legally married by the state to the person you love equal to that of a gay person who is not legally allowed to marry the person they love?

You said they're equal -- I'm searching for equality here ... but you won't answer ... ? :dunno:
Who are you asking ?
 
Faun I do know this:

In the Supreme Court, the two lesbian and gay couples who are challenging Proposition 8, urge a broader position. They argue that Proposition 8 not only violates the Equal Protection Clause, but denies gay and lesbian persons the fundamental right to marriage guaranteed by the Fourteenth Amendment’s Due Process Clause. The Same-Sex Marriage Cases Equality and the Pursuit of Happiness Brennan Center for Justice
What do you think establishes marriage as a fundamental right?
Red herring. Polygamists cannot challenge the laws on the same grounds because in order to marry another a divorce must be entered into. A marriage is civil contract between two people.

Incest? Why would you even imagine anything like that? You sound disturbed. Incestual relations are prohibited by an overriding state interest.

Why would a woman use the 14th for that argument? You sound more and more like a moron on this
Sorry, but you are incorrect. A marriage has always been defined historically, traditionally, and legally as a "contract between a man and a woman". The minority attempt to redefine it on equal rights grounds, now opens the further re-defining on those same equal rights grounds, because the definition is being turned into fiction, in order to expand the jurisdiction of the central government based on a fictional creation. You are too short sighted, and gullible.
Even if that's true, it's the government's job to make same-sex marriage legal in all of the United States. Marrying the person you love and want to be legally bound to for life is a fundamental right; in accordance with the right to pursue happiness. And it's the government's job to secure our rights. Neither a person's gender nor the gender of the person they love has anything to do with it.
You are only partially correct. You are incorrect in your assertion that...."marrying the person you love and want to be legally bound to for life is a fundamental right."
While it is, and everyone does have a constitutional right to contract, as long as said contract does not infringe on the life, liberty, or property of another, however, a marriage while indeed is a contract, it is and has always been defined specifically, historically, traditionally and legally "a contract between a man and a woman".
Same sex couples who wish to contract with the one they love a binding lifelong devotion to be legally recognized may be done via a civil union contract. That is where their legally argument should be, not a legal case to re-define a marriage contract. What this silliness is doing is granting the central government a fictional jurisdiction expanding its power, and authority over the rights of the individual.
Oh? And who's right to life, liberty, or property is being infringed by a gay couple marrying each other?
There is no infringement, that is why they have the right to contract a civil union between themselves professing their lifelong commitment to one another, however a marriage is a specific contract between a man and a woman. The same commitment , and rights may be achieved without refi fining a marriage contract.
If there's no infringement, there's absolutely no legal excuse to ban them from getting married. The law is not restricted by "tradition."
 
Basically every judge that has looked at the issue has said that the 14th Amendment does apply

Like in Wisconsin

It is well-established that “the Constitution protects persons, not groups,” Adarand
Constructors, Inc. v. Pena, 515 U.S. 200, 227 (1995), so regardless of possible future events
affecting the larger community, my task under federal law is to decide the claims presented
by the plaintiffs in this case now, applying the provisions in the Fourteenth Amendment as
interpreted by the Supreme Court in cases such as Loving, Romer, Lawrence and Windsor.
Because my review of that law convinces me that plaintiffs are entitled to the same treatment
as any heterosexual couple, I conclude that the Wisconsin laws banning marriage between
same-sex couples are unconstitutional
 
What is the big deal here, anyway? Gays can't get married, not exactly the biggest threat to human rights I can think of. WHY is this even an issue?
That's a beauty of America -- some things which are not important to you but are important to others can be treated just as equally important to others; just as some things you do find important can be treated for you.
To me this is a totally artificial issue. We all are treated equally, and sometimes that means you don't get what you want because you just want to get your way. Gays with deep pockets and lawyers and lots of weepy eyed stories, they still haven't proven WHY they need marriage to me. I believe in being fair and in science and in facts. Marriage shouldn't be cheapened to a status symbol.
If we are already treated equally, how is it you get to marry the person you love but gays do not?
You do NOT have to love somebody to get married. Your argument is analogous to Mary saying you need to bear children to get married
No, plenty of straight heterosexual couples get married and then learn to hate each other, some even have children out of lust turned to hate. It happens, marriage is being perverted (no pun intended) all the time by straights and now gays think all you need is a turkey baster or adopt. No, not buying it. No. it is getting weird here. I am beginning to wonder about gay marriage if even straights don't take it seriously anymore.
Marriage is the topic you know....not procreation.
 
To me this is a totally artificial issue. We all are treated equally, and sometimes that means you don't get what you want because you just want to get your way. Gays with deep pockets and lawyers and lots of weepy eyed stories, they still haven't proven WHY they need marriage to me. I believe in being fair and in science and in facts. Marriage shouldn't be cheapened to a status symbol.
If we are already treated equally, how is it you get to marry the person you love but gays do not?
You do NOT have to love somebody to get married. Your argument is analogous to Mary saying you need to bear children to get married
No, plenty of straight heterosexual couples get married and then learn to hate each other, some even have children out of lust turned to hate. It happens, marriage is being perverted (no pun intended) all the time by straights and now gays think all you need is a turkey baster or adopt. No, not buying it. No. it is getting weird here. I am beginning to wonder about gay marriage if even straights don't take it seriously anymore.
Still no answer ...

How is your ability to be legally married by the state to the person you love equal to that of a gay person who is not legally allowed to marry the person they love?

You said they're equal -- I'm searching for equality here ... but you won't answer ... ? :dunno:
Who are you asking ?
Mary, the person to whom I posted. She claimed homosexuals are being treated "equally" as heterosexuals.

Given such a claim, I seek her ability to rationally explain how they're equal when she can legally marry the person she loves but a gay person can't.

She refuses to answer. Whether she realizes it or not, her refusal to answer, answers for her. Her refusal to answer informs me she can't rationally explain how they're equal because they're not actually equal, despite her desolate claim to the contrary.
 
Dante ... why do you refuse to answer?

What do you believe establishes marriage as a fundamental right?
 
If they just want to profess their "love" to their mate, WHY DEMAND society has to take note of it and make a human rights issue on par with food, housing or healthcare? It isn't on par with heterosexual marriage on the basic grounds they in and of them selves out of their own sexuality without creating artificial logic cannot have kids and therefore don't need marriage. It isn't that hard.
 
Thank goodness it will be vetted experts making the decision instead of random posters on internet message boards. :thup:

Liberal logic: Nine anointed men and women in robes are allowed to pretend that something that never existed in the Constitution should be the law of the land as they go against the great unwashed.
 

Forum List

Back
Top