This sentence is incoherent.
You don't seem to understand what the Due Process Clause is and what the legal argument is as it pertains to gay marriage. The Due Process Clause states that no state can deprive anyone of life, liberty, or property without due process of law.
These liberties have been itemized and gone through with a fine-toothed comb by the SCOTUS for the past century. Historical legal precedent has usually always favored the side that says the state has no right to intercede and ban personal liberties.
In these case which struck down Texas' Homosexual conduct law, for example...
Lawrence and Garner v. Texas | The Oyez Project at IIT Chicago-Kent College of Law
The SCOTUS ruled that there was no "legitimate state interest" in banning homosexual acts. That's usually been the standard in these cases that deal with personal family, marriage, and child-rearing decisions. And people on your side of this issue don't have anything to stand on other than "eww, fakkits are nasty," and that is not a legitimate state interest. That ruling also defined marriage as a right.
Or this case about abortion...
Planned Parenthood v. Casey | The Oyez Project at IIT Chicago-Kent College of Law
It established "constitutional protection to personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education."
The decision...
"These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one's own concept of existence, of meaning, of the universe, and of the mystery of human life. Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State."
Again, personal liberty and autonomy is invoked in concordance with the Due Process Clause of the 14th amendment.
Gay people are only allowed to get married in 11 states, what are you talking about?
You obviously are not even familiar with what the Due Process Clause says and that's why I'm having to inform you. As already explained twice, the Due Process Clause establishes a realm of personal liberty, that cannot be infringed upon by the state, and there is strong legal precedent that established marriage as a right. The Due Process Clause has already been used to strike down Prop 8.
You obviously don't know anything about the Equal Protection Clause and its legal precedent like you don't know anything about the Due Process Clause and its legal precedent.
Why even debate something if you haven't even attempted to familiarized yourself with what you're arguing against?
The Equal Protection Clause says that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." It has already been applied to marriage in many cases.
Whether marriage is "unanimously understood was between a man and a woman" is meaningless because marriage was also unanimously understand to be between a white man and a white woman, or a black man and a black woman throughout most of our nation's history.
Loving v. Virginia established marriage as a RIGHT that cannot be infringed upon by the state. Race could not be used as a criteria to ban marriage. There is nothing in the Constitution that defines marriage as between a man and a woman, and marriage has always been a fluid, dynamic concept over time.
You don't have any legal argument to support your position. You're just drawing an arbitrary line to what you think the courts should do, based on nothing but your own bias.
States don't get to vote on rights. Or do you support Jim Crow laws?
This is incorrect. DOMA banned same-sex couples from getting federal benefits. Karen Golinski successfully sued and challenged the constitutionality of DOMA on the basis on the Equal Protection Clause, which you claim has nothing to do with same sex marriage, and has won several appeals. It's waiting to be heard by the SCOTUS.
Also, other states don't have to give benefits and acknowledge the marriages of people who are married in a state where it's legal.
lol@strawman shyt. Allowing people to marry whom they love nationwide is a big brother approach now?
It's funny how homophobes turn into :sadpaul: when it's time to defend their logically indefensible position.
Again, you don't know what you're talking about. Obama supports full legal same-sex marriage and the full repeal of DOMA, and so do most Democrats.
Whether he said race or not, the only legal thing that matters is that the decision established marriage as a right to not be infringed upon by the state. Do you understand how law and legal precedent work?
First of all, you sound like a complete bufoonish imbecile by constantly using the word "fakkit" in what is supposedly an objective legal debate, but I digress. I'm trying to help you out.
Your point is completely irrelevant because the framers of the Constitution didn't mean for black people to have full equality, but there was no rational legal means to enforce racial discrimination forever due to the rights granted in the Constitution.
Just like there is not rational legal means to keep banning gay marriage. The Constitution establishes rights. It wasn't meant to means-test every conceivable legal question. But when these legal question arise, we use it as a template.
It's not about the black rights movement. It's about law, legal precedent, and the Constitution. And your side will lose on that, just like they lost on civil rights. And yes, I am saying your side. You represent the same closed-minded ignorance that was pro-Jim Crow.
lol...the straws I'm forced to pull? What, the 14th amendment and several court cases establishing the purview of the Due Process Clause and Equal Protection Clause?
And are you not aware that Prop 8 and DOMA have been ruled unconstitutional already and are awaiting the SCOTUS?
Look at the scoreboard. Your side is losing...and will lose. It's only a matter of when, not if.
None of that is relevant. It's just your personal emotions. There's no legal or ethical argument to ban same-sex marriage that holds any water.
Even a guy like Meta Reign who admittedly "hates fakkits" like you (but unlike you, he's real enough to just admit) is intellectually honest enough to know that the Constitution isn't on your side on this one.