(August 14, 2015 at 12:19 pm)Parkers Tan Wrote:(August 6, 2015 at 12:46 pm)Anima Wrote: 1. Your statement about the right to equal protection under the law shows you did not read the ruling whatsoever. So let me help you out a bit (http://www.supremecourt.gov/opinions/14p...6_3204.pdf).
Page 2 (b)(2):
" The fundamental liberties protected by the Fourteenth Amendment’s Due Process Clause extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs"
Translation: The due process clause protects a persons right to dignity in intimate choices.
The due process clause makes no such protection and only requires the State exercise proper procedure in the application of law which will deny a person life, liberty (meaning freedom from incarceration), or property.
Page 4 (b)(3):
" The right of same-sex couples to marry is also derived from the Fourteenth Amendment’s guarantee of equal protection. The Due Process Clause and the Equal Protection Clause are connected in a profound way. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet each may be instructive as to the meaning and reach of the other"
Translation: Because the right to dignity is protected in the due process clause and the equal protection clause and due process clause are connected in a profound way (he does not describe the way nor has it ever been recognized they are connected in a profound way) then the due process clause protection implies there is some kind of equal protection clause protection.
This is to say there was no equal protection clause support for the ruling. But since there is a sort of due process clause support there must be an equal protection support as well. It is pointed out adeptly by Chief Justice Roberts that there was no equal protection violation or support for the ruling
In short the ruling was not based on equal protection under the law. But rather on a BS argument to dignity that does not exist in the constitution.
You realize that due process is a subset of equal protection, right? It is a narrow and specialized form of it.
The Due Process clause is a subset of the 14th Amendment. It is not a subset of the Equal Protection clause. As enumerated in the 14th Amendment:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
For example a law is not in violation of the Equal Protection clause if the discrimination in questions satisfies reasonable, intermediate, or strict scrutiny respectively. Even so such a law may still violate the Due Process clause. As stated by Kennedy himself where he stipulates:
Page 4 (b)(3):
" The right of same-sex couples to marry is also derived from the Fourteenth Amendment’s guarantee of equal protection. The Due Process Clause and the Equal Protection Clause are connected in a profound way. Rights implicit in liberty and rights secured by equal protection may rest on different precepts and are not always coextensive, yet each may be instructive as to the meaning and reach of the other"
Meaning they are not the same thing and one is not a subset of another.