Lemme see if I understand the approach being used by Lambda, et. al., to institute same sex marriage.
They attack any prohibition in state statutes as being arbitrariness which is in contravention of the equal protection provisions of federal constitutional law.
Once you see the definition of marriage as being between a man and a woman as an example of arbitrariness which is prohibited by the Federal constitution, you have two choices:
- Amend the Federal Constitution to explicitly prohibit same sex marriage.
- Sit back and enjoy the ride as things like statutory rape, bestiality prohibitions, incest statutes and the like all fall to challenges based on arbitrariness.
People need to get serious and back a Federal Constitutional Amendment and quit wasting energy at the state level.
arbitrary?? Hasn't the man-woman marriage thing been pretty much the norm in civilization since... oh 2,500BC??
This may sound odd - but I fully expect that someday a leftist court (possibly even a left dominated SCOTUS) will declare that the Constitution is "unconstitutional"!