RE: MARRIAGE EQUALITY NATIONWIDE
July 20, 2015 at 3:13 pm
(This post was last modified: July 20, 2015 at 3:14 pm by Anima.)
(July 20, 2015 at 3:00 pm)Cato Wrote: The above only makes sense if we all pretend the Fourteenth Amendment doesn't exist, particularly Equal Protection rulings since Brown. Further reading: Romer v. Evans
I doubt Chief Justice John Roberts is acting as if the 14th Amendment does not exist. Rather he is saying
"Although the policy arguments for extending marriage to same-sex couples may be compelling, the legal arguments for requiring such an extension are not. The fundamental right to marry does not include a right to make a State change its definition of marriage. And a State’s decision to maintain the meaning of marriage that has persisted in every culture throughout human history can hardly be called irrational. In short, our Constitution does not enact any one theory of marriage. The people of a State are free to expand marriage to include same-sex couples, or to retain the historic definition."
In keeping with the line of questioning by Distopia the negation of a rule does not inherently imply the opposite of the rule. The courts may invalidate a law as unconstitutional in which case the situation is to go to revert to the status quo prior to the law. Not necessarily to say the opposite of the rule is right.