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It’s a “living” document because it may be amended by the people, but since the press decided that judges get to decide how much power judges have, they’ve given themselves the right to choose to grab more and more power over the other two branches of government to the point of giving themselves the right to illegally amend the Constitution by simple majority vote of judges. That’s what the Supreme Court did when it decided there was a right to same-sex marriage & then used its illegal amendment to order states to license same-sex marriage, even though nobody has passed any law allowing it, nor did the Supreme Court strike down any law. It’s no different than the Supreme Court declaring “Medicare-for-all” or vetoing a war because they decided its an illegal war against a minority or something.
Imagine if the shoe was on the other foot & a Republican Supreme Court said if everybody doesn’t pay income tax, then nobody pays income tax & bans the income tax for violating “equal protection”.......or if it said that if minimum wage & Obamacare applies to “big” business (arbitrarily defined), then it must apply to ALL business.
Forming an exclusive couple is an act of discrimination. Licensing medical doctors & marriage is a form of regulation. The purpose of licensing heterosexual marriage was because promoting heterosexual monogamy serves the social function of law & order so females, males and the state could be reasonably certain that the husband is the father of the babies. If females did not form couples or get married, nobody would know who the father of their babies were & couldn’t hold them responsible. (now we just deal with our illegitimacy problem by violating male right to privacy & reproductive rights, even though the LAW says that life does NOT begin at conception & thus we don’t hold females responsible for pregnancies but we hold even single males responsible for pregnancies females choose to carry to term & keep the baby because the state will make taxpayers and fathers pay even if the female herself has no job or money) The purpose of licensing marriage was in part to discourage homosexual behavior & promiscuity......but the court gave itself power to illegally amend the Constitution to impose its own morality to encourage homosexuals & to write into the Constitution that homosexual is not a behavior but an inborn gender or orientation, but offered up no science to defend the claim behind illegally amending the U.S. Constitution. and because it makes parents and siblings of homosexuals feel good, and because the press does NOT protect freedom and the Constitution.....a complete new order has replaced the old one. ...with side effects people can’t even yet imagine......but next will come polygamy and challenging of single family zoning laws so the Manson family can live next door to you and me.