FR: Never Accept the Premise of Your Opponent’s Argument
Beware of PC, pro-gay interpretations of the 14th Amendment's (14A) Equal Protections Clause. The Supreme Court has historically clarified 14A on issues like this.
For example, regardless that Virginia Minor argued to the Supreme Court that her citizenship in conjunction with 14A gave her the right to vote regardless that she was a woman, the Court clarified the following about that amendment. 14A introduced no new rights. It only strengthened constitutionally enumerated rights.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
So since the states had never amended the Constitution to expressly protect woman suffrage before Mrs. Minor argued her case, 14A's Equal Protections Clause did not automatically give them the right to vote after that amendment was ratified.
Likewise, since the states have never amended the Constitution to expressly protect so-called gay rights, 14A didn't automatically create such protections regardless of the misguided opinions of institutionally indoctrinated judges.
Note that Virginia Minor's efforts to argue womens' right to vote were not wasted. This is because the states subsequently ratified the 19th Amendment to the Constitution which effectively gave women the right to vote.
But it remains that the states have never amended the Constitution to expressly protect so-called gay rights, the right to marriage in this example.
You’re talking about the olden days. The SCOTUS has always reflected the values and thinking of the political elites in the era in which it served. Nothing’s changed.
The problem is judge made law isn’t good law, not for sweeping issues like this. They’re trading SSM for religious liberty. How has that worked out in history?