Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins
I know that it doesn’t violate equal protection, because I know that the Founders would never have intended this.

DOMA doesn't violate the equal protection clause, because DOMA is applied equally to all Americans. (It's not as though some classes of people are allowed to engage in homosexual unions, and other's are not.) The law says that the US government recognizes that all Americans can marry one person of the opposite sex. This means that homosexuals have the same rights as all other Americans since all Americans can marry someone of the opposite sex. Same sex couples just choose not to exercise that right. Since the law is applied equally to all Americans it does not violate equal protection.

Striking down DOMA on the grounds of equal protection is absolutely absurd. Following this court's crazy logic, incestuous and polygamous marriage will have to be upheld as well because not permitting them also would violate equal protection as described by this court.

116 posted on 10/18/2012 12:51:12 PM PDT by old republic
[ Post Reply | Private Reply | To 36 | View Replies ]


To: old republic

I think your logic is sound, however, they argue that it ignores homosexuality. Since homosexuals exist, and since Scotus said that homosexuality can’t be criminalized in the Texas case, then the 2nd circuit logic naturally follows.

We are not denying the existence of homosexuality, we are saying it is unwelcome behavior. We used to be able to classify it as illegal behavior until Scotus.


121 posted on 10/18/2012 2:33:48 PM PDT by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
[ Post Reply | Private Reply | To 116 | View Replies ]

To: old republic

exactly
they have the same rights as us and everytime I hear someone state how they are being treated unfairly I ask what is our rights which they do not have and never once can they answer.

We can’t marry the same sex nor can they, we have age laws just like them.

Homosexuals define themselves and the only ay to define them is by their sex and how they have oit and because of that they think they should be given special rights as if they were a normal family, a normal couple, normal parents etc

Our side should be fighting about this much more and the lieks of Hannit are nothing but cowards when it comes to the social issues


122 posted on 10/18/2012 2:34:47 PM PDT by manc (Marriage =1 man + 1 woman,when they say marriage equality then they should support polygamy)
[ Post Reply | Private Reply | To 116 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson