Okay, so I don't know why I've been putting this off for so long, but here it is: the penultimate "you have no actual argument for why gay marriage should not be allowed" thread. (I know you're all excited).
So here's the deal, we might forget sometimes, but our country is pretty much built on this little document called "The Constitution". There's this little part in there called "The 14th Amendment", and it starts like this,
"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. "
FindLaw: U.S. Constitution: Fourteenth Amendment
Now when it comes to the constitution, we tend to go by legislative interpretation, as well as legal precedent. The reason that none of this should even be an issue is that basically all of this was covered just about 40 years ago in the Loving v. Virginia case. This was the case that struck down all the interracial marriage bans. If you don't want to go through this link and read the whole thing, here are the important parts.
According to the record of this case, it was stated that,"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). " Placing marriage firmly within the confines of the 14th amendment.
The court also stated, "While the state court is no doubt correct in asserting that marriage is a social relation subject to the State's police power, Maynard v. Hill, 125 U.S. 190 (1888), the State does not contend in its argument before this Court that its powers to regulate marriage are unlimited notwithstanding the commands of the Fourteenth Amendment. Nor could it do so in light of Meyer v. Nebraska, 262 U.S. 390 (1923), and Skinner v. Oklahoma, 316 U.S. 535 (1942)." Which pretty clearly states that although marriage is a State matter, they are still bound by their duties to the US Constitution, and specifically to the 14th amendment.
Loving v. Virginia
So here's what it boils down to: You can disagree with gay marriage, you can disagree with homosexuality in general, you can think that marriage has a specific meaning. None of it matters. The US Supreme Court has, essentially, already ruled on gay marriage, it just doesn't seem to want to admit it. Which is sad, because it's actually very simple.
- States are bound by the 14th amendment.
- The 14th amendment says that no state can deny a citizen their rights and privileges, or deprive them of life, liberty, or property.
- The US Supreme Court has already said that marriage is included in the rights covered by the 14th amendment.
Legally, there is no real argument for denying same-sex couples the right to marry.
If there's something I'm missing, I'd really love to know about it.
(Note: this is also why DOMA is unconstitutional and should be overturned.)
So here's the deal, we might forget sometimes, but our country is pretty much built on this little document called "The Constitution". There's this little part in there called "The 14th Amendment", and it starts like this,
"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. "
FindLaw: U.S. Constitution: Fourteenth Amendment
Now when it comes to the constitution, we tend to go by legislative interpretation, as well as legal precedent. The reason that none of this should even be an issue is that basically all of this was covered just about 40 years ago in the Loving v. Virginia case. This was the case that struck down all the interracial marriage bans. If you don't want to go through this link and read the whole thing, here are the important parts.
According to the record of this case, it was stated that,"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). " Placing marriage firmly within the confines of the 14th amendment.
The court also stated, "While the state court is no doubt correct in asserting that marriage is a social relation subject to the State's police power, Maynard v. Hill, 125 U.S. 190 (1888), the State does not contend in its argument before this Court that its powers to regulate marriage are unlimited notwithstanding the commands of the Fourteenth Amendment. Nor could it do so in light of Meyer v. Nebraska, 262 U.S. 390 (1923), and Skinner v. Oklahoma, 316 U.S. 535 (1942)." Which pretty clearly states that although marriage is a State matter, they are still bound by their duties to the US Constitution, and specifically to the 14th amendment.
Loving v. Virginia
So here's what it boils down to: You can disagree with gay marriage, you can disagree with homosexuality in general, you can think that marriage has a specific meaning. None of it matters. The US Supreme Court has, essentially, already ruled on gay marriage, it just doesn't seem to want to admit it. Which is sad, because it's actually very simple.
- States are bound by the 14th amendment.
- The 14th amendment says that no state can deny a citizen their rights and privileges, or deprive them of life, liberty, or property.
- The US Supreme Court has already said that marriage is included in the rights covered by the 14th amendment.
Legally, there is no real argument for denying same-sex couples the right to marry.
If there's something I'm missing, I'd really love to know about it.
(Note: this is also why DOMA is unconstitutional and should be overturned.)