Supreme Court Same Sex Marriage Argumet

[Pyrrho]

I will add, regarding the "marriage as a fundamental right" argument:

Only Petitioners are making that claim.  Having just now reached the USA-as-Amicus's section, I think Attorney Verrilli makes a very good argument that this sounds in equal protection, not fundamental rights.  Of course, the heart of Petitioner's argument was equal rights as well.  I think if the court was to rule that a ban on gay marriage was an equal rights issue - which is far, far more likely than a ruling that it's a fundamental right - then there would be absolutely no problem at all regarding age.

I guess what I mean is, I never should have engaged in the argument about "would marriage-as-a-fundamental-right necessitate child marriage," because "marriage-as-a-fundamental-right" is an afterthought, and the real issue here is a particular restriction on marriage as violative of the Equal Protection clause

Regarding the equal protection argument.  A violation of equal protection is made most apparent by considering the qualifier and then removing it to see if the answer remains the same.  For example as regards to racial discrimination on marriage:

1.  Can a white man and white woman get married = yes
2.  Can a black man and black woman get married = yes
3.  Can a white man and black woman get married = no
4.  Can a black man and white woman get married = no

Now if we posit the question devoid of the discriminatory qualifier the answer must be the same otherwise it violates equal protection clause:

5.  Can a man and woman get married = yes/no (violates equal protection)

Applying the same method to a sexual orientation qualifier:

1. Can a straight man and straight man get married = no
2. Can a gay man and gay man get married = no
3. Can a straight man and gay man get married = no
4. Can a straight woman and straight woman get married = no
5. Can a lesbian woman and lesbian woman get married  = no
6. Can a straight woman and lesbian woman get married = no

Again we ask the question without the qualifier.  If the answer is the same than there is no violation of equal protection:

7.  Can a man and man get married = no (does not violation of equal protection)
8.  Can a woman and woman get married = no (does not violation of equal protection)
9.  Can the same gender marry = no (does not violation of equal protection)

There is no violation of equal protection.
...

You have worded it for your particular purposes.  Think of it this way:

1. Can a female person marry a man = yes
2. Can a male person marry a man = no.

Here we have a female person allowed to do something a male person in not allowed to do.

3. Can a male person marry a woman = yes
4. Can a female person marry a woman = no

Here we have a male person allowed to do something a female person is not allowed to do.

So we have discrimination.

To use your language:

Now if we posit the question devoid of the discriminatory qualifier the answer must be the same otherwise it violates equal protection clause:

5.  Can a person and woman get married = yes/no (violates equal protection)
6.  Can a person and a man get married = yes/no (violates equal protection)


Edited to add:


Or if you prefer this wording:

7.  Can a person and a person get married = yes/no (violates equal protection)