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Fundamental Rights not Equal PRotection
For all the reasons I have so eloquently stated, you cannot use the EP clause to argue for gay marriage because a law that defines a marriage as between one man and one woman does not discriminate on its face against gays nor is there disparate impact. Gays can marry members of the opposite sex under that law just like heteros can.
What you need to argue is that there is a fundamental right to marry whomever you choose regardless of gender. But to do that, you are going down the slippery slope that leads to polygamy being legal because if there is a fundamental right to marry whomever you choose, isn't there a fundamental right to marry as many people as you choose, too? And if not, why not. What is the basis for allowing one and not the other (which was my point at the beginning of all of this).
Fundamental rights and equal protection analyses are very different.
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IRL I'm Charming.
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