San Lumen wrote:Hakons wrote:Yes, it is of course illegal to deny marriages
right now. It is not wrong, however, to challenge the historical and constitutional validity of this change. I'm arguing that claiming the 14th amendment is a bit of a joke when reviewed historically. We have nationwide gay marriage because five justices said so, and not because
a group of 2nd Great Awakening infused abolitionists willed it from the mid 19th century to happen almost 150 years later.
The 14th amendment states no state shall deny any person the equal protection of the law or due process of the law. if you don't allow same marriage and adoption your violating that amendment. On what grounds does the 14th amendment not apply to LGBT people?
The 14th amendment obviously applies to LGBT people. The 14th amendment obviously doesn't mandate a 21st century view of marriage either. I would support LGBT couples having civil unions, so they can get tax credits and whatnot, but I object to the notion that the nature of marriage somehow changes in a single court ruling. I support keeping marriage as it has always been, and so would nearly every American, politician, and justice that has existed in history, besides our thin crust of modern society that has decided to throw it away.
Conserative Morality wrote:Hakons wrote:Yes, it is of course illegal to deny marriages
right now. It is not wrong, however, to challenge the historical and constitutional validity of this change. I'm arguing that claiming the 14th amendment is a bit of a joke when reviewed historically. We have nationwide gay marriage because five justices said so, and not because
a group of 2nd Great Awakening infused abolitionists willed it from the mid 19th century to happen almost 150 years later.
I'm not sure you understand how the rule of law works.
Also, the 2nd Great Awakening was dead by then.
I'm pretty much paraphrasing Justice Scalia, but I guess he didn't understand how the rule of law works?
Yes, the awakening was dying down, but I'm merely using that as a rhetorical example to demonstrate the absurdity of the 14th amendment writers and ratifiers supporting any notion that the amendment can be used to justify same sex marriage.
Valrifell wrote:Hakons wrote:Yes, it is of course illegal to deny marriages
right now. It is not wrong, however, to challenge the historical and constitutional validity of this change. I'm arguing that claiming the 14th amendment is a bit of a joke when reviewed historically. We have nationwide gay marriage because five justices said so, and not because
a group of 2nd Great Awakening infused abolitionists willed it from the mid 19th century to happen almost 150 years later.
The letter and spirit of the amendment is rather unambiguous, which is why it's one of SCOTUS' most favorite tools for expanding rights and incorporation.
It is very ambiguous, which is true of a lot of law, making our judges somewhat an unaccountable body of tremendous power.
The New California Republic wrote:Hakons wrote:Yes, it is of course illegal to deny marriages
right now. It is not wrong, however, to challenge the historical and constitutional validity of this change. I'm arguing that claiming the 14th amendment is a bit of a joke when reviewed historically. We have nationwide gay marriage because five justices said so, and not because
a group of 2nd Great Awakening infused abolitionists willed it from the mid 19th century to happen almost 150 years later.
So? The 14th Amendment can apply to a multitude of laws. Just because it can be used to enforce a particular law you don't like is a pretty piss-poor reason to rail against it in its entirety.
I'm not against the 14th amendment and never even came close to saying that, but okay