View Single Post
Old 05-28-2009, 05:20 AM   #399 (permalink)
Hektore
Junkie
 
Hektore's Avatar
 
Location: Greater Harrisburg Area
Quote:
Originally Posted by Infinite_Loser View Post
Even though you tried, this argument ignores the fact that some group of men/women had the ability to marry another group of women/men they "loved" (I don't really want to use that word, but I will), respectively, while another group didn't. And unless there was a valid reason for denying the second group the same ability as the first, then the restrictions on the second group must have be inherently discriminatory. Indeed, since those restrictions were based on race-- Which is considered to be a fully protected class under the 14th Amendment-- Then those restrictions were discriminatory and, therefore, unconstitutional.

The entire problem with your argument is that you first assume marriage is a right; that sexuality is a class protected by the Constitution; and by denying gays the ability to enter in same-sex marriages that we're discriminating against gays, when we're not. A heterosexual looking to enter into a same-sex marriage will be denied the ability to do so just as a gay person looking to enter in a same-sex marriage will be denied the ability to do so. Yeah, scoff at that argument as you will, but this fact alone keeps it from being an issue of discrimination.

To claim discrimination, a subset of the population must first be allowed the ability to do something while another subset of the population restricted. If you don't have that to begin with, then there-- By definition and by law-- Cannot be discrimination. Gays aren't disallowed from marrying because they're gay. They're disallowed from entering into same-sex unions because they are not consisting of one man and one woman. And until you realize this, then your argument becomes, essentially, moot because you're arguing something which is simply untrue.
I didn't say anything about rights. I was pointing out the incredibly obvious, that your argument is the same as the one used for the 'separate but equal' doctrine; that by your line of reasoning banning interracial marriage isn't discrimination. As long as nobody can do it, then there isn't unequal treatment, and when their isn't unequal treatment there isn't discrimination.
__________________
The advantage law is the best law in rugby, because it lets you ignore all the others for the good of the game.
Hektore is offline  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360