RE: Just what is the constitutional provision that forbids such purported discrimination? Just curious.
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These judges inevitably cite the Equal Protection Clause, part of the Fourteenth Amendment to the Constitution.
The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction “the equal protection of the laws”.
So, if heterosexuals can marry, denying homosexuals the right to marry violates Equal Protection.
And as we all know...no one denied the homos the right to marry....the person of the opposite sex of their choosing.
We know what the intent was in passing the 14th Amendment, namely, to eliminate unequal treatment based on race or former status as a slave, or for that matter, against Republicans in the South. What proof is there that any legislator involved in the passage of the 14th Amendment had any “intent” to outlaw discrimination against homosexuals? Has any court addressed this question?