Equal protection is a nice term, but it takes understanding of what is being protected. Natural rights are to be protected per the equal protection clause of the 14th Amendment. If gay marriage is to be protected by the Equal Protection Clause, then that by default means that homosexuality/sexual identity or orientation is a protected class and a natural right with all privileges.
As of today, sexual orientation/identity is not a protected class. Although many state courts and some federal courts have ruled in ways that do give rights to homosexuals that are based on their sexuality, not their gender.
Since our Congress hasn't been able to have a Constitutional Amendment put into place on the subject, the interpretation has been left to the courts. The 14th amendment has already been trashed by interpretation enough already...ala Anchor Babies.
When you leave it up to courts to decide many social issues, eventually ideals soften, definitions change, Orwellian "new speak" happens, and you get trash decisions and precedents. Which is the resulting damage (to borrow another legal term) of the Progressive Movement deep hooks into the culture. Social justice and judicial legislation happens.
What is needed is a US Constitutional Amendment that defines marriage as one man and one woman. But I doubt this will ever happen as too many people are ball-less. Short of that, eventually all states will be forced to allow gay marriage through judicial social engineering, not following the law. I have no faith in our court system to stand firm. It may not fall this year, but it will within the next 5.
On the horizon are court decisions where sexual identity will be a fully protected class just like other recognized natural rights: race, age, religion and gender. Gay rights activists and Progressive judges will not stop until homosexuality is expressly considered a natural protected right. Make no mistake, the push for gay marriage is to further that recognition in order to make it a fully protected condition! Private business and churches will at that point have their hands full. We'd hope that common sense law application of fundamental truths would protect them, but those will change too.
I think ole Sam Adams was very wise: "Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.�
The great experiment in America worked until the decay of our culture caught up to it. When we are all old men, I doubt we will recognize our revered Federal Republic. May God have mercy on our children and grandchildren.
Last edited by straycat; 02/09/15 11:15 AM.
