Posted on 04/25/2015 9:19:07 PM PDT by NKP_Vet
It’s stupid.
Equal protection of the laws found in the Fourteenth Amendment language is cited in both state and federal claims alleging that homosexuals have the same right to marry as heterosexualsSince that has already turned into an attack on the First Amendment, which it is inherently anyway but of late in the courts, then the answer is obviously no.
Homosexuals can enter into matrimony as freely as all other citizens, and many have done so throughout the ages. There is absolutely no bar to a homosexual marrying if he or she can find a willing partner of the opposite sex.
What homosexuals ought not be able to do is force a complete redefinition of marriage on all the rest of us.
All homosexuals already have the exact same right to marriage as normal people. They simply have to marry someone of the opposite sex, like a normal person. They don’t want equal protection under the law, they want special privileges under the law. Legitimizing perversions and mental illness will surely be one of the many downfalls of this country.
That’s always what it’s been aboutthe redefinition of marriage. John Adams did not say in vain that the Constitution is only for “moral and religious people” and “is wholly inadequate to the government of any other”.
And how is it “matrimony” when the root of that word is “mother”?
Correct. That’s why “hate crime” laws are unconstitutional due to creating “protected classes”, just for starters.
I would not recommend making such an argument at SCOTUS.
STUPID.
The Preamble is not LAW. It’s a philosophical statement.
NO legal consequences can be drawn from anything in the Preamble.
What’s stupid? It wouldn’t be you, would it?
What Adams meant was that if the People become irreligious and immoral, there is nothing in the Constitution to save them from tyranny.
While it is true that nothing in the Constitution authorizes the federal government to impose gay marriage on the states, there is also nothing in the Constitution that prevents each state, or eventually all the states, from redefining or abolishing marriage.
Only a moral and religious people can protect THEMSELVES from abominations. In the absence of such a people, the Constitution will simply slip into desuetude.
Because the American People have accepted government schooling, the fed, the income tax, welfare, abortion, and gay marriage, the Constitution is defunct. There was never anything IN the Constitution that could prevent it.
Nobody is challenging traditional marriage. Noting that the states have never amended the Constitution to expressly protect gay agenda rights like gay marriage, the problem is the following.
Activist, pro-gay federal judges are wrongly using a vote-winning, pro-gay, PC interpretation of the 14th Amendments Equal Protections Clause as an excuse to declare that 10th Amendment-protected state laws which prohibit constitutionally unprotected gay marriage are unconstitutional.
Perfect summary.
Sorry but the law has to have a rational basis...there can be inherently illegal laws...
I doubt Justice Kennedy will buy it. It’s his country after all,we just live in it.
The Preamble is the document's statement of purpose. Saying it is not part of the supreme law is like saying that a foundation is not part of a building.
One of the best articles I’ve ever seen on FR.
Not only does “gay marriage,” and abortion for that matter, violate the crowning stated purpose of the Constitution, they both destroy every single clause of the stated purposes of the Constitution, making them all impossible of fulfillment.
That’s like saying there is no “law” in the Declaration of Independence. Such an assumption would assume that there is no legal “Right of the People to alter or abolish” a tyrannywhich is what the USA was founded upon doing.
I didn’t say the Preamble is meaningless. It is very meaningful. That doesn’t make it LAW.
There isn’t a syllable in the Preamble that MANDATES anything. It is a statement about WHO is creating the Constitution, and for what overall purposes.
It is not LAW. It can be neither obeyed nor disobeyed. It commands nothing and forbids nothing.
No one can be coerced to DO ANYTHING or NOT DO ANYTHING on the basis of the Preamble.
It is not LAW. The rest of the Constitution is law. But the Preamble is NOT LAW.
Why not simply pass a law that says a person can leave his “stuff” to anyone he pleases and he can name whomever he or she wants to visit them in a hospital and name whomever they want to make medical decisions for them.
I know that I can leave my “stuff” to a dog if I want to but there are many gay marriage supporters who don’t believe that’s the case because they watch liberal TV.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.