This is the fundamental right due process argument that struck down the VA law in Loving:
Quote:
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Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. (Skinner v. Oklahoma) ...To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.
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You cannot argue violation of EP to get gay marriage. You have to argue fundamental rights and if you do, you cannot come up with an argument to support gay marriage that would not also support polygamy. Which was my whole point at the beginning of this.
