[[So, the question of whether or not State marriage laws deny equal protection to homosexuals absolutely “arises under [this] Constitution”.]]
Not so much- homosexuality is not a right anymore than pedophilia is a ‘right’ - it may be ‘allowed’ but it is not a right protected under the constitution
[[So, the question of whether or not State marriage laws deny equal protection to homosexuals absolutely “arises under [this] Constitution”.]]
Does the question of whether state marriage laws deny equal protection to pedophiles the right to marry underage children “Arise under this constitution’ as well?
Of course not because pedophilia, just like homosexuality, is established as a morally deviant practice- just because m ore and m ore people practice it, and more people accept it doesn’t make any less morally deviant- This country had a set of objective moral laws that are not open to the courts subjective opinion.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;”
This can not stand as their defense because pedophiles, bestiality practitioners, polygamy practitioners, necrophilia practitioners etc can then ALL make the same case. If one immoral practice/lifestyle can suddenly be declared not immoral, then ALL must be- because “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;” according to the twisted defense of homosexuals on this issue-
Of course it does. The answer is "no, it does not violate the Equal Protection Clause," but the Court has to have jurisdiction in order to give that answer.
Don’t get me wrong - the results of modern “interpretations” of the XIV Amendment are horrific.
I favor repeal on the grounds that there are no more living slaves, and very few (if any) children of slaves.
But I call ‘em like I see ‘em. An appeal to the USSC that argues that the Constitution allows, or forbids, certain conduct IS a case “arising under this Constitution”.
“Not so much- homosexuality is not a right anymore than pedophilia is a ‘right’ - it may be ‘allowed’ but it is not a right protected under the constitution”
But the issues isn’t whether or not homosexuality is a right of not. The issue is whether or not people of the same sex have a right to marry each other. That’s mostly of concern to homosexuals, but not entirely. Someone might want to marry their great grandchild of the same sex if for no other reason than to stick the feds with survivor benefits.
In reality, homosexuals always had the the same right to marry as non-homosexuals. They could marry someone of the opposite sex, whether or not that person was a homosexual, just the same as anyone else could.