Moot my ass, considering you avoided everything else especially “marriage” loll. So now we are into race and prisoners. Are homosexuals fundamentally comprised of either those two examples?
Also do you really want to fall on your FR sword over this issue? Be my guest.
“considering you avoided everything else especially “marriage” loll” What exactly are you talking about? Again, read Turner v. Safley. My point has never been that same sex couples are either of a racial minority group or prison inmates. However, Turner appears to expand the court’s finding of a fundamental right to marriage beyond categories of law discriminating against race (in that case, they found it unconstitutional to deprive a prison inmate of the right to marry). The case shows, despite what appears to be your claim, that the deemed fundamental right to marriage is not limited to striking down racially biased laws.
All I am doing is citing Supreme Court precedent. Since we are a common law system ultimately stare decisis is the cornerstone of our legal system. Again, if you disagree with precedent, fine. But based on precedent, I just don’t see any other way for a judge to decide the issue.
From a policy perspective, the government should be out of marriage entirely (afterall, marriage licenses weren’t issued until the progressives took over in the late 1800s/early 1900s). Leave it up to private religious and secular groups who they want to treat as married within their own groups and force no one else to recognize their decisions.