Because our Constitution is based on Lockean philosophy of Natural Law theory and God’s Design of Natural Law (God’s Laws).
There are only Natural “Rights” from the Creator not from the State——and ALL positive law has to be in line with Natural Law, otherwise it is unjust law—(unconstitutional)-and goes against Natural Law and God’s Law.
Oliver Wendell Holmes, Jr. destroyed “Rule of Law” (made it Rule of Man) when he was “Supreme Justice”. We have been living under fascism (unconstitutional laws ever since). Justice John Marshall stated that ALL unjust law is “null and void” and shouldn’t be obeyed and all judges had to declare them “null and void”. Our justices have been bribed or Marxists or dumb.
There is Universal Truth embedded in our “Justice” (virtue) System” and it is NOT based on satanic or muslim or hindu or pagan ethics of sodomy. To promote Vice in a “justice” system based on Christian Ethics like ours, is not only unconstitutional-—it is diabolical and will destroy “law” and civil society, since all Free Republics must Always promote “Justice” (public virtue). (Montesquieu).
The Lockean philosophy guarantees Natural Rights and all children have the Natural Right to be born in a system which allows them to be brought up by their biological parents, not bought and sold to the highest bidder. Biologica connection is important and Natural and why Marxists want it destroyed.
The Natural Family is the most conducive to well-being and emotional health of children. The Natural Duty of all human beings is to do their Natural Duty and raise and nurture any Natural offspring-—and Natural Law is the basis of our legal system.
Let's use this as an example: Baptists say that they will only perform and recognize marriages of one man and one woman. Fine. That is their right as a denomination.
Presbyterians say that they will perform and recognize marriages between one man and one woman but they will also perform and recognize same sex marriage. Fine. That is their right as a denomination.
The problem arises when the government stepped in and recognized the marriage of the baptists and not the marriage of the presbyterians. That is a blatant violation of equal protection and not even CLOSE to being Constitutional. See the problem? The government stepped in where it didn't belong.