Race is not sexual orientation.The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual, and cannot be infringed by the State.
This is one of those issues that I truly could care less about. If Gays want to marry so be it. Based on my facebook timeline today there are lots of folks that seem to really be pushing for this and not many willing to post Anti-Gay Marriage stuff. I have no idea about how this court case will go but the winds of change seem to be blowing in the direction of legalization.
If I were dictator my solution to keep everyone happy would be to leave the term "marriage" to religious institutions. I would change the name of the legal arrangement of "marriage" to "Lawful Union" and allow any two people that aren't brother and sister to have a "lawful union" under the law. If they want to get married they can do so in their church or synagogue. I would also make sure that under no circumstance can any religious institution be forced to perform a marriage ceremony for any reason.
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.
It's not my opinion that kids raised by same sex couples are no worse off than kids raised in traditional families. Numerous studies have confirmed this:
I know it's a Wikipedia link, but refer to the references that they link to. Many studies.
So I see this as two fold. One is the racial aspect undeniable. The second is the classificaton drawn by the statute arbitrary and invidious discrimination.The Equal Protection Clause requires the consideration of whether the classifications drawn by any statute constitute an arbitrary and invidious discrimination. The clear and central purpose of the Fourteenth Amendment was to eliminate all official state sources of invidious racial discrimination in the States.
Could be arbitrary if you don't believe the State has any business promoting nuclear families. If not the State probably shouldn't be contracting marriage and we should all file as individuals. The real answer here seems to be in our entire institution of marriage. We should probably do away with it entirely which is as reasonable a solution as changing it.
Last edited by Winstonbiggs; 03-28-2013 at 06:49 PM.
Last edited by Ruby2; 03-29-2013 at 04:26 PM.