Originally posted by Sabre
DFM, you are both wrong and right. The legal arguments being made for declaring California’s defense of marriage law unconstitutional rests first on the argument that it discriminates based on sexual orientation. Below is an excerpt from the counter-complaint filed to stop the mayor of San Francisco from conducting any more same-sex marriages:
[/B]
Sabre, the text that you posted appeals to the unconstitutionality of California
state law. That is, there must be a provision in the California constitution granting equal protection according to sexual orientation -- or, in the least, state courts over time have decided that this state clause encompasses sexual orientation as a protected status. However, the federal constitution does not typically recognize sexual orientation as protected like gender or race. Naturally, a federal constitutional amendment defining gender roles in marriage trumps any state constitutions should it come down to that.
It has yet to be determined if the gender discrimination argument can be applied to a “relationship”, as opposed to an individual.
[/B]
Obviously that is up to state and federal courts to determine absent a constitutional amendment. I did not attest to the validity of the claims made by same-sex marriage proponents, merely to the apparent strategies they employ and the seriousness with which gay marriage opponents take the chances of such legal challenges succeeding in the courts.
It was in fact offered by the Chief Justice of the Supreme Court when penning the dissenting view in the Texas Sodomy case last year.
[/B]
Justice Scalia penned the dissenting opinion in this case, not the Chief Justice. Rehnquist merely agreed with the dissenting view. Incidentally, the Court voted 6-3 in Lawrence v. Texas, so you're look at 2/3rd of the Court disagreeing with the apocalyptic assessments of Antonin Scalia, William Rehnquist, and Clarence Thomas. It was rather silly when Scalia wrote it (not to mention a stretch
and in response to the reasoning presented in O'Connor's non-binding concurring opinion rather than the actual opinion of the Court), and it's pretty silly now.
I do see a legitimate reason for concern among conservatives as Lawrence v. Texas does appear to pave the way for shooting down existing marriage laws. But incest couples? Please.
-- Todd/Leviathn