Does the state have the power to take away his kids?
- 195 posted by tpaine
If charges were brought against him in a state that did not permit gay parents. - TA79 -
Your answer is yes. -- You ignore the 14th amendment. Such a prohibitive law would violate all three provisions of Section 1.
Any state has the power, under criminal law, to remove children from abusive parents. They must use constitutional due process to do so.
The state does not have the power to declare any people 'criminal' before they commit a crime.
'Gayness', is no more a crime than being cursed with an addictive personality.
If an addict abuses his children, jail him. -- Same with the queer.
Otherwise, keep your busybody states nose out of free mens affairs.