Gay marriage guaranteed under originalism/strict constructionism

So both of you thought it was wrong for the Supreme Court to force states to allow interracial marriage? And both of you think its constitutional to pass a law specifically called the "No Social Security Checks for Black People Act of 2014"?

It would have been correct if SCOTUS had ruled that the States have no authority to license or recognize marriage at all. Anything else just compounded the problem by adding more victims unter government slavery.

I have no idea what you are talking about re social security checks. The government needs to get out of the socialism business, but reality dictates a slow drawdown to prevent people from being harmed and deprived of their contractual rights. As to passing a law to prevent black people from receiving social security checks, all persons in the US have paid into a program with the expectation or receiving funds. To deny someone that contractual obligation would be a violation of common law.
 
If you want to be gay married, go get gay married. What's stopping you? The lack of a government license? Do you need a government license to validate your relationship? If so, then the problem is with your relationship.
 
It would have been correct if SCOTUS had ruled that the States have no authority to license or recognize marriage at all. Anything else just compounded the problem by adding more victims unter government slavery.

I have no idea what you are talking about re social security checks. The government needs to get out of the socialism business, but reality dictates a slow drawdown to prevent people from being harmed and deprived of their contractual rights. As to passing a law to prevent black people from receiving social security checks, all persons in the US have paid into a program with the expectation or receiving funds. To deny someone that contractual obligation would be a violation of common law.

Are you married?

And gays and lesbians pay for marriage also. They pay for marriage/divorce/family courts, they pay to educate children (so they have the right to raise them like anyone else), they fight to defend the US constitution and the states that decide marriage law. As human beings and US citizens, they have an expectation of legal equality, and the lack of equality violates their constitutional rights. Fuck common law, I don't care about Norman kings.

Are you saying Alabama can pass a law saying black ppl can't get married?
 
Are you married?

And gays and lesbians pay for marriage also. They pay for marriage/divorce/family courts, they pay to educate children (so they have the right to raise them like anyone else), they fight to defend the US constitution that guarantees equal protection under the law. As human beings and US, they have an expectation of legal equality, and the lack of equality violates their constitutional rights. Fuck common law, I don't care about Norman kings.

No, I am not married. When i do get married, it will not be with a government license. I adamantly believe that the government licensure of marriage is a violation of God's Law. So when I do get married, I will find a Pastor to do the service without a government license. Just like I am recommending that you do.

I don't care how badly you beg to be enslaved to government licensure. I will never support it.

When you talk about wanting government marriage do you know what I hear? "I want to be a slave of this government like everyone else."

Sorry, I'm never going to support that. I don't care how desperately you want to enslave yourself to the government. I refuse to participate myself, and i refuse to support anybody else becoming a slave. You want to become a slave of this government? You can do it without my help.
 
No, I am not married. When i do get married, it will not be with a government license. I adamantly believe that the government licensure of marriage is a violation of God's Law. So when I do get married, I will find a Pastor to do the service without a government license. Just like I am recommending that you do.

I don't care how badly you beg to be enslaved to government licensure. I will never support it.

When you talk about wanting government marriage do you know what I hear? "I want to be a slave of this government like everyone else."

Sorry, I'm never going to support that. I don't care how desperately you want to enslave yourself to the government. I refuse to participate myself, and i refuse to support anybody else becoming a slave. You want to become a slave of this government? You can do it without my help.

Okay, but how about the part of my post you didn't quote? "Can Alabama pass a law banning black ppl from getting married?"
 
Okay, but how about the part of my post you didn't quote? "Can Alabama pass a law banning black ppl from getting married?"

No. What part of "the government has no authority to regulate or even recognize marriage, period." is so hard to understand?

Passing a law banning black people from getting married, requires a government to recognize and regulate marriage. Which thing they have no authority to do.

I do not know how to put this in any simpler words than that. You are just going to have to try to figure some of this out on your own.

And you must have added that part after posting and before the 'edited' timer, because I did not delete anything from the quote.
 
And where does it say "race" in the fourteenth amendment? Where does it name any category or "specific class" of any kind? Its purposely open, not purposely limited in the way you're describing.

Banning polygamy does not give ppl different rights based on gender. Banning homosexual marriage does give ppl different rights based on gender.

Ah. So your anti polygamy bias finally shines through. It is based on the fact that Islam allows plural marriages and you hate Muslims? Do you hate Mormons as well? Judaism used to allow plural marriages. In the U.S. Abraham, King David, King Solomon, the prophet Samuel's dad and Jacob (Israel) would all be put into prison.
 
Are you saying Alabama can pass a law saying black ppl can't get married?

You really aren't aware of the history of such laws are you? When Loving vs Virginia was decided you could be arrested for being in a mixed marriage in some states. Can you name a state where you can be arrested for being in a gay marriage? There are states where you can be arrested for being in a plural marriage. But you don't care because you are a religious bigot.
 
I do not think you should try to justify or explain your position to a poster who is stretching the Constitution to make it do something it was not written to do. Don't let the name calling push your buttons. In the OP, he suggests that a prohibition of same-sex marriage is gender discrimination. I'm not sure how that works since same-sex relationships happen between men and between women. And there are people who are on record as having sexual relationships with both men and women. If they decide to marry someone, it can't really be said they have a discriminatory orientation.

Marriage is actually one of the most discriminatory relationships there is. I have routinely discriminated against all other men for several decades, and my husband discriminates against all other women.

Really. Which "gender" is being discriminated against? This is the same claptrap nonsense that has come to the odd conclusion that having separate bathrooms for men and women is somehow "gender discrimination".
 
To the op:
Do any states ask about the sexes of those pursuing a license? Should government use TSA agents to verify alleged genitalia? In what way should sex be any business of government?

TSA-Molester.jpg
 
So both of you thought it was wrong for the Supreme Court to force states to allow interracial marriage? And both of you think its constitutional to pass a law specifically called the "No Social Security Checks for Black People Act of 2014"?

I don't see why that would be inherently a bad thing, considering government has no right to make and honor such contracts with other people's money. Now, prudence would dictate that that isn't the best method of phasing out social security, but I don't see how it would be inherently "wrong", and that same would apply if "white" were to replace "black."
 
No. What part of "the government has no authority to regulate or even recognize marriage, period." is so hard to understand?

Passing a law banning black people from getting married, requires a government to recognize and regulate marriage. Which thing they have no authority to do.

I do not know how to put this in any simpler words than that. You are just going to have to try to figure some of this out on your own.

And you must have added that part after posting and before the 'edited' timer, because I did not delete anything from the quote.

No no no. You don't understand how the Equal Protection Clause works. When a marriage statute says "Men and woman can marry eachother," it instantly violated the Equal Protection Clause. Agree or disagree? It literally says men have these rights, but women ahve those rights. Men can marry Karen, but Linda cannot marry Karen. Such a law violated the Equal Protection Clause. This means that the Supreme Court is mandated to correct it by instructing states to apply the law in an equal manner.

And it doesn't matter what the statute literally says, it matters how its enforced. The government cannot enforce any law in an unequal manner. This is what the fourteenth amendment plainly says, and you just don't care. You're saying the states cannot ban blacks from getting married because whites are getting married, but that they can ban men from marrying men even though they allow women to marry men. This is contradictory, it ignores the rights of gay/lesbian US citizens, and your only justification is your personal policy views.
 
Ah. So your anti polygamy bias finally shines through. It is based on the fact that Islam allows plural marriages and you hate Muslims? Do you hate Mormons as well? Judaism used to allow plural marriages. In the U.S. Abraham, King David, King Solomon, the prophet Samuel's dad and Jacob (Israel) would all be put into prison.

Lol nope, didn't say Islam. Almost every example of polygamy is sexist and repressive, just like you described. I never said Islam, you did. You ppl continually refuse to ignore my constitutional argument, and replace it with a libertarian policy argument. Banning ppl from marrying more than one spouse does not violate the equal protection clause, it does not say that different categories of ppl have different rights. Saying that men can marry women, but woman cannot marry women, is saying different categories of ppl have different rights, violating the fourteenth amendment.

You really aren't aware of the history of such laws are you? When Loving vs Virginia was decided you could be arrested for being in a mixed marriage in some states. Can you name a state where you can be arrested for being in a gay marriage? There are states where you can be arrested for being in a plural marriage. But you don't care because you are a religious bigot.

Oh boy. The equal protection clause doesn't say anything about arrests. It says you can't be denied equal protection under the law. It says that the government cannot create arbitrary categories based on race or gender or religion. No "arrests" in the fourteenth amendment. It says you cannot be denied liberty, which isn't just the right to not be in a locked cage, it includes the right to have a government that treats you as an equal, and spends tax dollars in a way that represents anyone. This means gays and lesbians get to use family courts, because they pay for family courts. You don't run the country, the constitution does, it belongs to all of us.

Really. Which "gender" is being discriminated against? This is the same claptrap nonsense that has come to the odd conclusion that having separate bathrooms for men and women is somehow "gender discrimination".

Men and women are discriminated. Men cannot marry the ppl who women can marry, and vice versa. This is discrimination. The fact that one side is not the greater victim doesn't change the fact that its discrimination. Read the fourteenth amendment. Categories are inherently unequal. Would you also argue that banning interracial marriage is allowed? Since blacks can marry blacks, and whites can marry whites, therefore its equal? You'd be ignoring the fourteenth amendment.

Lol the equal protection clause is not "claptrap," I love how anyone will ignore the constitution when its convenient to them. Having separate bathrooms is discrimination, but its discrimination with an actual justification that policymakers can articulate, so courts allow it. It involves weird issues of privacy and children being with opposite gender adults. No one can articulate a justification for banning gay marriage. The fact that gender-specific bathrooms make sense doesn't mean the government can pass any law discriminating based on gender, it doesn't abrogate the fourteenth amendment to the US constitution.

To the op:
Do any states ask about the sexes of those pursuing a license? Should government use TSA agents to verify alleged genitalia? In what way should sex be any business of government?

TSA-Molester.jpg

Marriage licensing ppl make sure that its one man and one woman. That's illegal. Saying "there must be two ppl" is not sexist, saying "there must be a man and a woman" is sexist, and its just as illegal as any affirmative action policy, it says that men cannot marry men, even though women can marry men. This violates the equal protection clause.

I love how you ppl ignore the constitution and the fourteenth amendment, and replace it with arguments about how discrimintion sometimes make sense, like with how you do security screenings for different genders. This makes sense. Banning men from marrying men does not make sense, no lawyer has ever been able to articulate a justifying for banning gay marriage in a courtroom, its never happened. Saying that there are other situations where discrimination makes sense does not abrogate the US constitution.

I don't see why that would be inherently a bad thing, considering government has no right to make and honor such contracts with other people's money. Now, prudence would dictate that that isn't the best method of phasing out social security, but I don't see how it would be inherently "wrong", and that same would apply if "white" were to replace "black."

Lol you're ignoring the constitution. The equal protection clause. The "No Social Security for Black Ppl Law of 2014" would violate the equal protection clause, just like the "No Social Security for White Ppl Law of 2014" would violate the equal protection clause, whether you like those ideas or not.
 
No no no. You don't understand how the Equal Protection Clause works. When a marriage statute says "Men and woman can marry eachother," it instantly violated the Equal Protection Clause. Agree or disagree? It literally says men have these rights, but women ahve those rights. Men can marry Karen, but Linda cannot marry Karen. Such a law violated the Equal Protection Clause. This means that the Supreme Court is mandated to correct it by instructing states to apply the law in an equal manner.

And it doesn't matter what the statute literally says, it matters how its enforced. The government cannot enforce any law in an unequal manner. This is what the fourteenth amendment plainly says, and you just don't care. You're saying the states cannot ban blacks from getting married because whites are getting married, but that they can ban men from marrying men even though they allow women to marry men. This is contradictory, it ignores the rights of gay/lesbian US citizens, and your only justification is your personal policy views.

There is no contradiction, as the class presumed here is disputed. There are no "gays and lesbians" who comprise a civil rights category---there are simply men and women who choose to conduct homosexual activity. The "gays rights" canard is a loaded term designed to market the normalization of the behavior by painting its practitioners as an oppressed minority. This colorization of the issue is not agreed to (as those conducting homosexuality do not have rights based on their behavior, any more than a group of adulterers do). In addition, rights attach to individuals, not to groups, so a provision designed to permit a group to do or not do something is a government privilege, not a right, thus not subject to the equal protection clause.


P.S.: Sexual preference is not a gender, or an expression of gender. Maybemaybenot tries to skirt this point while denying he is talking about gays and lesbians being protected as a civil rights category by the 14th amendment. A lot of social issue discussion proceeds like this, with the social left or right trying to pack multiple disputable positions into an argument, or into a law, to bypass debating the positions.
 
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There is no contradiction, as the class presumed here is disputed. There are no "gays and lesbians" who comprise a civil rights category---there are simply men and women who choose to conduct homosexual activity. The "gays rights" canard is a loaded term designed to market the normalization of the behavior by painting its practitioners as an oppressed minority. This colorization of the issue is not agreed to (as those conducting homosexuality do not have rights based on their behavior, any more than a group of adulterers do). In addition, rights attach to individuals, not to groups, so a provision designed to permit a group to do or not do something is a government privilege, not a right, thus not subject to the equal protection clause.

Not once in this entire post did I state that gays and lesbians are a civil rights category, not once. I have been saying men and women are civil rights categories. Men get to marry women, therefore women get to marry women, because the equal protection clause bans discrimination based on gender. Gender is a civil rights category.

And the Equal Protection Clause says nothing about government "privileges," it says ppl get equal protection under the law, you're making up a rule about "privileges."
 
Lol nope, didn't say Islam. Almost every example of polygamy is sexist and repressive, just like you described. I never said Islam, you did. You ppl continually refuse to ignore my constitutional argument, and replace it with a libertarian policy argument. Banning ppl from marrying more than one spouse does not violate the equal protection clause, it does not say that different categories of ppl have different rights. Saying that men can marry women, but woman cannot marry women, is saying different categories of ppl have different rights, violating the fourteenth amendment.

More religious bigotry shining through along with a good heaping helping of feminist based sexism. "Almost every example of polygamy is sexist and repressive". Your viewpoint is what is sexist and repressive. A woman who voluntarily decides to go into a plural marriage is repressed? If she can leave if she wants to she is repressed? If she has veto power over whether another woman is allowed to join she is repressed? And say if it's a woman with multiple husbands? (That does happen in some countries). Are the men repressed? Or is the woman repressed for having to service multiple men?

Oh boy. The equal protection clause doesn't say anything about arrests. It says you can't be denied equal protection under the law.

I didn't say it did. You were the one that brought up miscegenation laws and asked about a law where a black person and white person can't marry. In such cases the couple were subject to arrest. But further THERE ARE NOT STATES WHERE IT IS ILLEGAL FOR PEOPLE OF THE SAME SEX TO MARRY! You are being DISHONEST by repeatedly making that claim. The only question is do people get the same goodies. And it's based on their choice, not their gender.

It says that the government cannot create arbitrary categories based on race or gender or religion.

Barring polygamy, which you seem to be in favor of, is an arbitrary category based on religion. Back in the day it was the religion of most Christians that made polygamy abhorrent. Now it's the religion of radical feminism that makes polygamy abhorrent. We can't let adults make the own choices because some stupid feminist things that polygamy is inherently sexist. BULLOCKS! Why is it perfectly legal for a man to have three babies mamas living in the same house, maybe be married to one of them, but if they decide "Hey! We'll have a ceremony that shows we're all committed to each other" somehow YOU think the state should have the right to interfere because, supposedly, it's "sexist"? And since you claim to be for LBGT rights, what about bisexual people? Why should a bisexual person have to choose to be married to a man or a woman if that person really would rather be with both at the same time? Isn't that denying the bisexual person his/her "sexual preference?"

No "arrests" in the fourteenth amendment. It says you cannot be denied liberty, which isn't just the right to not be in a locked cage, it includes the right to have a government that treats you as an equal, and spends tax dollars in a way that represents anyone. This means gays and lesbians get to use family courts, because they pay for family courts. You don't run the country, the constitution does, it belongs to all of us.

Yep. Gays and lesbians get to beat each up over the head for alimony and child support (they can already go for child support) and all sorts of other crap that is the family court system. YIPPEEE! I suppose as a lawyer I should be pushing this instead of getting the government out of marriage. More work of the vultures of society. Here's what you probably don't understand though. Family court is paid for primarily by the court cases and NOT by taxes. Every time you go to court there is this thing called "court costs". One side or the other pays for each court case and sometimes the costs are split. Only if everybody is indigent (poor) is family court "free". But in cases like that, the people getting the "free" service didn't pay their share of the taxes anyway. Think about it. If they have a steady income to pay taxes, then they have a steady income to pay court costs.

Men and women are discriminated. Men cannot marry the ppl who women can marry, and vice versa. This is discrimination. The fact that one side is not the greater victim doesn't change the fact that its discrimination. Read the fourteenth amendment. Categories are inherently unequal. Would you also argue that banning interracial marriage is allowed? Since blacks can marry blacks, and whites can marry whites, therefore its equal? You'd be ignoring the fourteenth amendment.

There you go again. Banning interracial marriage. GAY MARRIAGE IS NOT BANNED IN ANY STATE! But more importantly I'M FOR GETTING THE GOVERNMENT OUT OF MARRIAGE INSTEAD OF EXPANDING THE GOVERNMENT'S ROLE IN MARRIAGE! And don't give me any more of that discrimination crap. You support religious discrimination against Muslims and Mormons and sexual orientation discrimination against people who are bisexual. They don't get their "choice" of "all of the above."

Lol the equal protection clause is not "claptrap," I love how anyone will ignore the constitution when its convenient to them. Having separate bathrooms is discrimination, but its discrimination with an actual justification that policymakers can articulate, so courts allow it. It involves weird issues of privacy and children being with opposite gender adults. No one can articulate a justification for banning gay marriage. The fact that gender-specific bathrooms make sense doesn't mean the government can pass any law discriminating based on gender, it doesn't abrogate the fourteenth amendment to the US constitution.

Well a lot of your liberal friends don't see the justification for separate bathrooms. Johnny wants to be Jill but Johnny still has all boy parts. Some people feel that Johnny should be able to go to the ladies room because....well just because.

Marriage licensing ppl make sure that its one man and one woman. That's illegal. Saying "there must be two ppl" is not sexist, saying "there must be a man and a woman" is sexist, and its just as illegal as any affirmative action policy, it says that men cannot marry men, even though women can marry men. This violates the equal protection clause.

If saying that a gay man can't choose to marry man is sexist then saying a bisexual man can't choose to marry a man and a woman is also sexist and a violation of your (warped) definition of the equal protection clause.

And one more time GAY MARRIAGE IS NOT BANNED. Saying the same lie over and over again doesn't make it true. In some states gay marriage is not recognized. Here is another analogy since you seem incapable of understand the facts regarding mixed race marriages. Let's say a state decides to decriminalize medical marijuana, but does not license it. Let's say the effect of it not being licensed is that medical insurance won't pay for it the way t pays for prescription drugs. Does that mean that in such a state medical marijuana is "banned"? No. No sane person would claim that it is.
 
More religious bigotry shining through along with a good heaping helping of feminist based sexism. "Almost every example of polygamy is sexist and repressive". Your viewpoint is what is sexist and repressive. A woman who voluntarily decides to go into a plural marriage is repressed? If she can leave if she wants to she is repressed? If she has veto power over whether another woman is allowed to join she is repressed? And say if it's a woman with multiple husbands? (That does happen in some countries). Are the men repressed? Or is the woman repressed for having to service multiple men?

You're ignoring the constitution entirey, you're ignoring the fourteenth amendment, you act like it doesn't exist. If a law says "marriage is between a man or a woman, or "men can marry women, women can marry men," then it confers different rights/privileges/powers on different gonders, violating the equal protection clause. The only way to correct that is to say that everyone gets to participate in the practice of marrying women, whether male or female. That is my argument. Stop ignoring it. You're arguing polygamy is fine on libertarian grounds, you're not presenting an argument for why it violates constitutional rights, and you're ignoring my argument on how male-female-ONLY marriage laws violates the equal protection clause.


I didn't say it did. You were the one that brought up miscegenation laws and asked about a law where a black person and white person can't marry. In such cases the couple were subject to arrest. But further THERE ARE NOT STATES WHERE IT IS ILLEGAL FOR PEOPLE OF THE SAME SEX TO MARRY! You are being DISHONEST by repeatedly making that claim. The only question is do people get the same goodies. And it's based on their choice, not their gender.

If the law does not say two men can marry, then it is illegal for two men to marry.

And you refuse to answer the interracial marriage question, because you don't have a principled and consistent view of the constitution, you want it to mean whatever you want it to mean. If you think that its constitutional to allow male-female marriage only, then why is it not constitutional to allow white-white or black-black only? If no statute explicitly says "whites cannot marry blacks," then you'd be down with this apartheid system under the equal protection clause?

Barring polygamy, which you seem to be in favor of, is an arbitrary category based on religion. Back in the day it was the religion of most Christians that made polygamy abhorrent. Now it's the religion of radical feminism that makes polygamy abhorrent. We can't let adults make the own choices because some stupid feminist things that polygamy is inherently sexist. BULLOCKS! Why is it perfectly legal for a man to have three babies mamas living in the same house, maybe be married to one of them, but if they decide "Hey! We'll have a ceremony that shows we're all committed to each other" somehow YOU think the state should have the right to interfere because, supposedly, it's "sexist"? And since you claim to be for LBGT rights, what about bisexual people? Why should a bisexual person have to choose to be married to a man or a woman if that person really would rather be with both at the same time? Isn't that denying the bisexual person his/her "sexual preference?"

I am not arguing against polygamy, I am explaining on legal grounds that the right to marry a man or a woman is part of the equal protection clause, but that the right to marry multiple spouses is not part of the equal protection clause. And no one is arguing against polygamy on religious grounds, they say Muslims/Mormons/Jews can't have polygamy all across the board. The fact that it involves religion doesn't automatically mean any law discriminates based on religion. You're just calling it discrimination based on religion when its not. No one stops Mormons from getting married, they stop polygamists from getting married.

And let's say you're right, that polygamy and gay marriage have the same legal status under the equal protection clause. So what. How is gay marriage not allowed?



Yep. Gays and lesbians get to beat each up over the head for alimony and child support (they can already go for child support) and all sorts of other crap that is the family court system. YIPPEEE! I suppose as a lawyer I should be pushing this instead of getting the government out of marriage. More work of the vultures of society. Here's what you probably don't understand though. Family court is paid for primarily by the court cases and NOT by taxes. Every time you go to court there is this thing called "court costs". One side or the other pays for each court case and sometimes the costs are split. Only if everybody is indigent (poor) is family court "free". But in cases like that, the people getting the "free" service didn't pay their share of the taxes anyway. Think about it. If they have a steady income to pay taxes, then they have a steady income to pay court costs.

And this still doesn't attack the Equal Protection argument. You're saying men and women have different spouse options. This violates the Equal Protection Clause.


There you go again. Banning interracial marriage. GAY MARRIAGE IS NOT BANNED IN ANY STATE! But more importantly I'M FOR GETTING THE GOVERNMENT OUT OF MARRIAGE INSTEAD OF EXPANDING THE GOVERNMENT'S ROLE IN MARRIAGE! And don't give me any more of that discrimination crap. You support religious discrimination against Muslims and Mormons and sexual orientation discrimination against people who are bisexual. They don't get their "choice" of "all of the above."

When did I say anything bad about bisexuals? If anything I'm for the "bisexual marriage system," where every individual can marry a man or a woman. Not once in this entire thread do you talk about the equal proteciton clause, you ignore it to talk about your personal views.

And your semantics argument is meanngless. Gay marriage is banned in a state that does not legally sanction gay marriage. And if private marriage is marriage, and thus no state denies marriage of any kind, then equal protection still demands that men and women have the exact same rights, men and women can both "government marry" women.

Well a lot of your liberal friends don't see the justification for separate bathrooms. Johnny wants to be Jill but Johnny still has all boy parts. Some people feel that Johnny should be able to go to the ladies room because....well just because.

You bring up a great pt about complicated areas where gender discrimination may make sense, and thus exceptions can be made. You have not amended the equal protection clause out of existence. Pointing out that gender discrimination works in one area does not change the constitutional guarantee of equal protection for all US citizens. Your argument is meaningless, your only logic is that gender-based laws cannot be banned under the constitution in general (because you can't actually pt to gay marriage being bad in anyway, you're just saying this other discriminatory law can make sense, so therefore "bye bye equal protection clause."


If saying that a gay man can't choose to marry man is sexist then saying a bisexual man can't choose to marry a man and a woman is also sexist and a violation of your (warped) definition of the equal protection clause.

No, because I never talk about the civil rights categories of gays and lesbians and bisexuals. I solely talk about men and women. You're making up an equal protection clause that doesn't exist. It says everyone gets the same rights. If everyone is only allowed to marry one spouse, that means everyone has the same rights, even if certain ppl wish those rights were different. If men can marry women but women cannot marry women, then different ppl have different rights/privileges/powers, and that violates the Equal Protection Clause.

And one more time GAY MARRIAGE IS NOT BANNED. Saying the same lie over and over again doesn't make it true. In some states gay marriage is not recognized. Here is another analogy since you seem incapable of understand the facts regarding mixed race marriages. Let's say a state decides to decriminalize medical marijuana, but does not license it. Let's say the effect of it not being licensed is that medical insurance won't pay for it the way t pays for prescription drugs. Does that mean that in such a state medical marijuana is "banned"? No. No sane person would claim that it is.

Lol you're saying I don't understand mixed race marriages? All you do is dodge the question, saying "You (me) brought it up, not me," you can't answer the question because it would prove you're inconsistent. You haven't responded to it.

If the effect of not licensing medical marijuana is that insurance won't pay for it... then insurance won't pay for it. Its not "banned," because those insurance companies can still pay for it, they simply chose not to under their policies.

But if the government itself said "insurance companies cannot pay for medical marijuana," then insurance coverage for medical marijuana would be banned. Similarly if the government passed a law saying "these are the list of things medical insurance providers can cover, and nothing else," and don't list medical marijuana, then insurance coverag for medical marijuana is banned. Similarly, passing a law that says "men can marry women, women can marry men," leaves out men marrying men, thus is bans men marrying men. The lack of a statute saying men can marry men means men cannot marry men, literally, its banned. Its not allowed, its illegal, its banned.
 
You're ignoring the constitution entirey, you're ignoring the fourteenth amendment, you act like it doesn't exist.

Wrong. I'm pointing out that your argument ignores the fact that gay marriage has never been banned. And your gross misinterpretation of the 14th amendment ignores the fact that sexual preference is not a gender. You are also ignoring the fact that your singling out gay marriage as deserving protection while having open disdain for, and support for actual banning of, polygamy shows that you're all for discrimination based on religion and on bisexuality. It's only homogeneous sexual preference that you wish to uplift. Just because someone doesn't go along with your interpretation of the 14th amendment doesn't mean he/she is ignoring it. For you to claim otherwise is just plain ignorant and borderline insane.

Here is openly gay libertarian Justin Raimondo speaking against gay marriage.

http://www.theamericanconservative.com/articles/the-libertarian-case-against-gay-marriage/

If a law says "marriage is between a man or a woman, or "men can marry women, women can marry men," then it confers different rights/privileges/powers on different gonders, violating the equal protection clause.

I'm not sure what a "gonder" is. But a law that says "Men can marry men but a man can't marry a man and a women at the same time" confers different rights/privileges/powers to people with a homogenous sexual preference over those with a heterogeneous sexual preference. You're free to pick one or the other but not both? Bigot!

The only way to correct that is to say that everyone gets to participate in the practice of marrying women, whether male or female. That is my argument. Stop ignoring it. You're arguing polygamy is fine on libertarian grounds, you're not presenting an argument for why it violates constitutional rights, and you're ignoring my argument on how male-female-ONLY marriage laws violates the equal protection clause.

I'm not ignoring your argument. I'm saying it's bigoted and retarded. You discriminate on the basis of religion and on the bases of homogenous versus heterogeneous sexual preference. You are violating your own argument with regards to the 14th amendment.

If the law does not say two men can marry, then it is illegal for two men to marry.

That is simply NOT true. Quote me ONE law in ONE state that says it is illegal for two men to marry!

This is an example of a law where it is illegal for someone to marry someone else.

826.01 Bigamy; punishment.--Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Unless there is a law where there is some kind of penalty for doing something, be that a fine or jail time, then it is simply dishonest to claim that it is "illegal" to do it. I can get a tax break for installing solar panels on my home. I will not get a tax break for installing a cold fusion reactor on my home. That doesn't mean that cold fusion reactors are "illegal".

And you refuse to answer the interracial marriage question, because you don't have a principled and consistent view of the constitution, you want it to mean whatever you want it to mean. If you think that its constitutional to allow male-female marriage only, then why is it not constitutional to allow white-white or black-black only? If no statute explicitly says "whites cannot marry blacks," then you'd be down with this apartheid system under the equal protection clause?

Why are you okay with there being laws against a bisexual man marrying a man and a woman at the same time? I'm for getting the state all the way out the marriage business altogether. You support bigotry against people with heterogeneous sexual preference. My position is the principled one here. Yours is not.

I am not arguing against polygamy, I am explaining on legal grounds that the right to marry a man or a woman is part of the equal protection clause, but that the right to marry multiple spouses is not part of the equal protection clause.

What law school did you graduate from again? Anyway, on legal grounds you are supporting discrimination against Muslims, Mormons and bisexual people.

And no one is arguing against polygamy on religious grounds, they say Muslims/Mormons/Jews can't have polygamy all across the board.

You don't understand the history of polygamy laws do you? The reason for the anti polygamy laws is because of religious bigotry. That it is "equally applied across the board" is irrelevant. If Muslims or Orthodox Jews took over and passed laws that said "Nobody can eat pork" it wouldn't matter that it applied "all across the board."

The fact that it involves religion doesn't automatically mean any law discriminates based on religion. You're just calling it discrimination based on religion when its not. No one stops Mormons from getting married, they stop polygamists from getting married.

No one stops gays from getting married either. Even when there were actual bans on gay marriage, which was the case before sodomy laws were struck down in Lawrence v. Texas, gays could still get married. They just had to marry someone of the opposite sex. Now they can get married. Their marriage is just not sanctioned in certain states. And according to you they are missing out on all of the wonders of family court. :rolleyes: Now some Mormons actually believe that polygamy enhances their standing with God. So they are denied full free exercise of their religion. And for what? Because 150 years ago some religious bigots thought their practice was immoral and now some feminist anti-religious bigots think their practice oppresses women? Also a bisexual person who would really rather have both than have to chose between one of his/her preferences cannot have that choice solidified in marriage under your view.

And let's say you're right, that polygamy and gay marriage have the same legal status under the equal protection clause. So what. How is gay marriage not allowed?

Gay marriage is allowed. It just not entangled with the state. I'd rather get the state all the way out. Why is that so hard for you to understand?

And this still doesn't attack the Equal Protection argument. You're saying men and women have different spouse options. This violates the Equal Protection Clause.

LOL. No I didn't say that. You are saying that. Your argument is retarded.


When did I say anything bad about bisexuals? If anything I'm for the "bisexual marriage system," where every individual can marry a man or a woman. Not once in this entire thread do you talk about the equal proteciton clause, you ignore it to talk about your personal views.

Your position that a bisexual person can marry a man or a woman but not both at once is like someone saying a gay man can marry a woman or a gay woman can marry a man. In either case you are limiting the choice of the person who is wanting to get married.

And your semantics argument is meanngless. Gay marriage is banned in a state that does not legally sanction gay marriage.

No it isn't. You're repeating the same lie over and over again doesn't make it so.

But if the government itself said "insurance companies cannot pay for medical marijuana," then insurance coverage for medical marijuana would be banned.

Yet no states bar private companies from offering "family" health insurance to domestic partners. Your argument is like saying "If a government decriminalizes medical marijuana but doesn't cover it under medicaid then medical marijuana is banned."
 
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