Dixonmassey said:
Tiassa, what does it have to do with me?
Which part?
What I'm pointing out is that your assertion that same-sex marriage somehow undermines the arguments against polygamy or incest is fallacious.
If you establish the constitutional case that forbidding legal recognition of polygamous or incestuous marriage is a violation of a person's rights, the only people who will object to the practices will be certain religious conservatives on religious grounds and also the most part of modern society for reasons very concisely expressed by P.J. O'Rourke.
Secondly, why should I give a damn about what P.J. O'Rourke considers to be pathetic? I may consider people with the name "P.J.O'Rourke" to be pathetic by definition in my coordinate system and nobody will prove me wrong.
That's beside the point. Think what you want of him.
I did not study U.S. constitution's treatment of polygamy etc. Constitution is just a paper written by people. It can be changed provided the will. If homosexual marriage will be OK'ed, then all constitutional bans on polygamy (if they exist, which I doubt) MUST be revoked. If refusing same-sex marriage rights is a violation of the U.S. constitution than refusing polygamy and incest rights are also violations of the U.S. constitution.
There's so much there. Okay:
(1) "I did not study U.S. constitution's treatment of polygamy etc" - I'll save you the effort. Just follow along and I'll try to make it clear.
(2) "Constitution is just a paper written by people." - It has the conventional respect of the people and therefore is, as it declares, the Supreme Law of the Land within the United States of America.
(3) " It can be changed provided the will." - This is true, though for the thousands of attempts to alter the Constitution, only twenty-seven have ever made it. (There's a scandalous argument that there's a twenty-eighth, specifically a Thirteenth Amendment not nearly of legend and only excluded from the Constitution by a thin technical argument about paperwork; it's passed and ratified.) As it stands, prohibition of same-sex marriage runs afoul of the Fourteenth Amendment.
(4) "If homosexual marriage will be OK'ed, then all constitutional bans on polygamy (if they exist, which I doubt) MUST be revoked" - This is the argument I need you to fill in. The portion of the Constitution that the prohibition of same-sex marriage violates does not apply to either polygamous or incestuous unions.
(5) "If refusing same-sex marriage rights is a violation of the U.S. constitution than refusing polygamy and incest rights are also violations of the U.S. constitution" - I assure you that you are wrong in that assertion.
The problem with prohibition of same-sex marriage comes in the first section of the Fourteenth Amendment:
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.
Source: Legal Information Institute
This section is what is commonly referred to as the
Equal Protection Clause:
The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances. A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application. By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights.
Generally, the question of whether the equal protection clause has been violated arises when a state grants a particular class of individuals the right to engage in activity yet denies other individuals the same right . . . . The Supreme Court . . . requires states to show more than a rational basis (though it does not apply the strictly scrutiny test) for classifications based on gender or a child's status as illegitimate.
Source: Legal Information Institute
The discrimination in question in the case of same-sex unions is, you guessed it,
gender. A law prohibiting marriage on the basis of gender needs more than merely a rational reason. And, frankly, there
is no rational reason.
Furthermore, as you cannot open, say, incestuous marriage to barren couples without running afoul of the Fourteenth Amendment
at least (e.g disability as basis for extraneous advantage under the law, thereby denying fertile incestuous couples their equal protection, and as there is on the one hand a rational reason against incestuous marriage--endangering the community--and to the other a lack of a Constitutional argument supporting incestuous marriage, there is no Constitutional obligation to allow incestuous marriage.
While the rational argument against polygamy, on the other hand, is merely that we should not empower the mentally incompetent to destroy themselves, I would love to see the Constitutional argument obliging legal recognition of polygamous marriage. It has stitch-busting potential. Merely declaring the Constitutional obligation, as you have, does not make it so. There is simply no Constitutional basis I can think of to oblige recognition of polygamous marriage.
Homosexual marriage rights and polygamy rights come together not separately.
How so?
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• United States Constitution (courtesy of Cornell University Legal Information Institute) - See http://www.law.cornell.edu/constitution/constitution.overview.html
• Legal Information Institute. "Equal Protection: An Overview". See http://www.law.cornell.edu/topics/equal_protection.html