And here is the dilemma, Jude. We can debate this until we're blue in the face. I can pull out the stats that show a 20-30 year difference in life expectancy for homosexuals.
Then we can get 9 of us -- you, me, p-marlowe, blue-duncan, congressman billybob, connectthedots, buggman, corin stormhands, and orthodox presbyterian -- in a room with our opinions and let us vote on the policy of the entire flippin' nation. We can toss back and forth whether this is a right or not.
But, the truth is that this is not a question for 9 people to decide. It's an issue of policy, morality, and opinion. Even the notion that it comes under the constitution is simply an opinion. There is nothing one can point to and say, "Here, SEE. It's right here in the US Constitution." You can't do that, because it isn't there.
And that's why 9 black-robed oligarchs shouldn't run the nation with their parochial, even if legal, opinions.
They aren't elected, and there is an elected body that debates these things. This is a democratic republic.
And I can pull out the stats that show a 20-30 year difference in life expectancy for people who weighed 275 lbs. Should the government have forcefully put me on a diet when I peaked at that point? (Now down to 194 lbs - but because I wanted to. It sucks having to buy an entirely new wardrobe on a student's income.) Some things are only my own business.
There is nothing one can point to and say, "Here, SEE. It's right here in the US Constitution." You can't do that, because it isn't there.
Sure I can. Equal Protectuon under the laws. What that means requires interpretation, and that's why there is a Supreme Court.
And that's why 9 black-robed oligarchs shouldn't run the nation with their parochial, even if legal, opinions. They aren't elected, and there is an elected body that debates these things. This is a democratic republic.
We're just not going to agree. This is not a democratic republic; it's a Constitutional Republic. There are some things that are beyond the reach of even an elected legislature, because they too can very easily trample the rights of individuals or minorities. This appeal to majoritarianism is a silly argument.