Posted on May 19, 2014
Does the 14th amendment equal protection clause protect against anti-gay marriage laws?
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I don't mean this to be political - I'm intending this to be a discussion of the Constitution 14th amendment, equal protection clause. Why are we still seeing anti-gay marriage proposals? The constitution is very clear on this. I don't approve of and/or not approve of gay marriage - not my business, but the constitution is what it is and we either support the constitution or we don't. The verbiage is 100% clear.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Constitution
Politics
LGBTQ+
Edited 10 y ago
Posted 10 y ago
Responses: 23
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Sir,
People use the Bible the same way. People pick and choose what they want to believe in/follow IF it suits their needs.
Im a Christian and a sin is a sin. I don't pick and choose according to my lifestyle, if I'm wrong then I'm wrong.
The same thing with the constitution instead of going by what it says, politicians pick whats backs their cause and forget about the rest of it.
People use the Bible the same way. People pick and choose what they want to believe in/follow IF it suits their needs.
Im a Christian and a sin is a sin. I don't pick and choose according to my lifestyle, if I'm wrong then I'm wrong.
The same thing with the constitution instead of going by what it says, politicians pick whats backs their cause and forget about the rest of it.
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Virgil Cipolla
Yes, the 14th Amendment's Equal Protection Clause has been interpreted by the courts to protect against anti-gay marriage laws. I read it in https://geometrydashsubzero.io where there much useful information. The Equal Protection Clause, found in Section 1 of the 14th Amendment to the United States Constitution, states that no state shall deny any person within its jurisdiction "the equal protection of the laws."
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If religion is supposed to be separated from politics and government institutions, why is it ok for the government to inject politics into a religious organization. I don't see the LGBT crowd forcing their views of marriage into a mosque and I don't see those same people condemning the murder of those that espouse the lifestyle. What I see is a minority group bullying the religious organizations and businesses using politics. Separation should be a two-way street.
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Sir, I'm not agreeing or disagreeing with your comment, bur rather asking a question. Isn't this a question as to the definition of marriage? Is it a legal definition, a moral definition, a religious definition, or is it somewhere in between? What about those who believe in plural marriages? Are they covered by the 14th amendment as well, or does it depend on which definition you choose to use for marriage?
Just injecting more 'what ifs' into the conversation.
Just injecting more 'what ifs' into the conversation.
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Capt Gregory Prickett
I'm in my last semester of law school. I'm familiar with the argument over ratification and the so-called coercion of the southern states, but let me assure you that the Fourteenth Amendment is valid. First, it is the role of the judiciary to state what the law is, Marbury v. Madison, 5 U.S. 137 (1803). Second, Oregon v. Mitchell, 400 U.S. 112, 154 (1970) (J. Harlan, concurring in part, dissenting in part), discusses the ratification process at length, including the coercion of the southern states, yet concludes that the amendment is valid.
You do not get to choose which parts of the Constitution are valid, nor do you get to determine how it is interpreted by the courts, or for that matter, what is the role of the courts.
You do not get to choose which parts of the Constitution are valid, nor do you get to determine how it is interpreted by the courts, or for that matter, what is the role of the courts.
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PO2 Mark Saffell
I agree. If you allow Gay marriage then you have to allow plural marriages in ALL States
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