UncleBuck
Well-Known Member
well i'm glad that you at least get that the 14th amendment should grant all americans equal rights.I don’t think the government has any place in regulating marriage in the first place. Of course I’m a weirdo libertarian so what do I know.
Now before you guys get crazy on me for this next part read it all before reacting. Let it sink in. Homosexual people claim they do not have equal rights because states restrict marriage to be between a man and a woman. Under that law gay and straight people are treated exactly the same. The law doesn’t say that two straight same sex individuals can marry. So straight and gay people can only marry the opposite sex. I’m no legal scholar but that sounds like equal rights.
If I were an activist for gay marriage I would frame it as a cause of personal liberty and freedom of choice. Meaning as an American a person has a basic right to live your life how you want as long as it doesn’t infringe on others basic rights. The 14th amendment should fit the issue quite nicely. I actually just did a case study on Meyer vs. Nebraska anyway here is what the judge had to say in the majority opinion "the 14th amendment denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men." If that doesn’t say you have a right to marry whoever you want then I’m a dumbass.
that said, your argument before that is flawed.
equal rights means everyone has the same rights. can two heterosexuals enter into marriage? yes. can two homosexuals enter into marriage? no. thus there is not marriage equality.
giving a gay person a right that is useless to them but useful to a heterosexual is not equal in any way.