Quote:
Originally posted by sgtclub
I submit that the answer to all of this is to eliminate marriage entirely as an institution. That should satisfy the equal protection clause and demolish any standing myths regarding the sanctity of marriage.
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I don't think the equal protection arguments that are being advanced are framing the issue properly.
My understanding of EP law is that the LAW has to discriminate, either facially or by disparate impact, on the basis of the characteristic of the group. Gays are allowed to marry members of the opposite sex.
If the law said that one heterosexual woman can marry one heterosexual man, then the EP clause would apply because gays would not be allowed to marry a member of the opposite sex but a heterosexual would be allowed to marry a member of the opposite sex. That isn't what the laws say, though.
Anyone regardless of sexual orientation can marry a member of the opposite sex under the current laws. Whether they want to enter into a marriage with a member of the opposite sex is not something that matters under EP law.
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