martybegan
Diamond Member
- Apr 5, 2010
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Ok. I get your point, but it's wrong. Just because the majority can decide to do harm in a state against a minority group does not mean we should let that happen. But I get the idea that we should let the states decide. You'll have to change the 14th amendment to make that happen.And I am a Strict Constructional Federalist.
No, you don't. The 14th doesn't apply blanket equality. One first has to figure out what is equal, and what is not. Evidently age isn't equal, or we couldn't prevent 10 year olds marrying. Blood relations evidently aren't equal either, although ironically homosexual incestuous relationships remove the main issue with incest, i.e. genetically damaged progeny.
You are also allying yourself with people who only believe in equality in this ONE case, and will sell your ass under the bus when it comes to the 2nd amendment, or the next big fight, public accommodation, i.e. my favorite, the forcing of the cake baking.
The 14th does apply blanket equality- all Americans are entitled to them.
If a state wants to deny rights to anyone- then the State must have a compelling argument to deny that right.
I think we all agree that an individual has the right to own a gun. The 14th Amendment among other things says that States cannot ignore that right and are subject to the Constitution also- but the State can deny individuals the right to own guns- such as convicted felons- when there is a compelling state interest in doing so.
What states have not been able to do is provide any compelling interest in:
a) preventing mixed race couples from marrying
b) preventing a parent who owes child support from marrying
c) preventing a prisoner from marrying
d) preventing same gender couples from marrying.
The Supreme Court has ruled on a-c- and will be ruling on d.
NYC says I cannot carry a firearm outside my home without the permission of the NYPD, and they can deny said permission for any reason they want. This has been held up by countless lower courts.
Is the NYC law constitutional or not?
Yes. NYC is not the federal government. Cities and states have been restricting guns owners since the start of this nation.
So the 14th amendment somehow ONLY applies to gay marriage?
If the 14th does incorporate the bill of rights onto the States, and The States control municipalities, how can NYC tell me I can't carry a handgun?