Is it a violation of the equal protection clause for states to not recognize same sex marriage?
Monday, May 17th, 2010I am writing a paper for political science. I am trying to support why it is a violation of the EPC for states to not recognize same sex marriage. I am looking for documents and/or interpretations of documents to support this. So far I am looking at the 14th and 9th amendments, protected rights, and civil rights, and the Declaration of Independence to try and support this. Any help would be great. I don’t need specific court cases just documents, or interpretations to help support my case. Thanks.
No, because discrimination based on actions and behavior is the very basis of laws. The whole point of laws is to discriminate against some behaviors (theft, murder, etc.). Equal protection laws and amendments are to protect against discrimination based on natural attributes that are not behaviors (skin color, gender, place of origin, etc.), things we have no control over.
You can choose your sexual behaviors (or lack thereof), therefore it can’t be a violation of equal protection. If sexual behavior falls under equal protection, then all behavior falls under equal protection and we can no longer put people in jail for murder or other behaviors.
I don’t have any documents or links, just logic and reasoning. What is a law? It is discrimination against a behavior, pure and simple. If you don’t want to be discriminated against, then don’t engage in that behavior.
Furthermore, sometimes it is OK to discriminate against natural attributes as well. Boys are not allowed to join the Girl Scouts. Boys didn’t choose to be boys, they were born that way, but this discrimination is still appropriate. Hooters can discriminate and only hire hot women to be waitresses because that is their product. Private institutions are allowed to discriminate and should not be forced by the government to do things against their own self interest.
Kingman AZ Friday 18th 2009 around 4.45 pm Downtown on Andy Divine National Guard perfoming “police” duty, providing “security’ and directting traffic.
Soundtrack from HL2
Sam Cassell 8Sec violation