RE: Supreme Court Same Sex Marriage Argumet
August 13, 2015 at 12:52 pm
(This post was last modified: August 13, 2015 at 12:58 pm by Ace.)
(August 13, 2015 at 12:06 pm)Anima Wrote: It is funny you bring up adoption. As it would appear the slippery slope continues (in less than 2 months no less) and homosexuals wanted more than just marriage (who would have ever thought this was the case).
http://www.huffingtonpost.com/entry/miss...cbf1e70b54
It will be interesting to see how this case goes. Once again they are suing under the 14th amendment due process and equal protection clauses. Once again the state may discriminate under rational basis scrutiny where the state has a legitimate interest (in regards to children it may readily say it has a compelling interest) and the discrimination is reasonably related to that interest. Thus, there is no violation of either the Due Process or Equal Protection clauses of the 14th. Just as with Obergefell this should be an open and shut case in the favor of the states.
The question becomes if we continue to extend this Due Process protects Dignity (which it does not) and has some mystical relation to Equal Protection BS utilized in Lawrence, Windsor, and Obergefell. To do so the court will have to say there is a fundamental right to adopt children (which there most certainly is not).
Hey in reading this aritical, I just became a little lost on the gay argument of marrage. It has been argued that Marrige has nothing to do with kids! So how now can it be argued that because of marrage "we same sex" have the the right to adopt as a marred cuple. But if marrage was not about childern any more then to use marrage as grounds to argue, ( which is already to damn funny, given that it is exactly what the state used to argue against same sex marrge in the first damn place!!) Now am I to understand that they wish to put marrage and kids back in play in order to adopt !!!!???
Wow, now that is some bull shit, that is.