Quote:
Originally Posted by mikey_the_redneck
I have yet to see a good reason to allow gay marriage besides the ones I showed above. It's mostly just an emotional argument.
|
It's not an emotional argument, it's a legal one.
In the United States, Rights are enumerated by the Constitution. In the particular case of homosexual marriage, the Constitution clearly refutes both arguments against allowing it:
1. “Same-sex marriages violate the sanctity of marriage.” What this means, essentially, is that marriage is a holy, ‘sanctimonious’ union and homosexuality would violate that sanctity. There is only one argument that need be referenced to nullify this point: The First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.
For this reason, arguing for the legality of something based on its sanctity is a fallacy because under the Constitution of the United States, laws cannot be made in favor of things religious.
2. “The states and voters should decide whether gay marriage should be allowed.” This argument is made void by one simple point also: The Fourteenth Amendment.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.
Put simply, it’s not legal for states to take Constitutional rights away.
Since the First Amendment makes it clear that laws cannot be based on religion or the idea of "sanctity" and the Fourteenth Amendment makes clear that States cannot abridge privileges of US Citizens it's clear that homosexual marriage must be, and certainly will be, declared a Constitutional right in the not-too-distant future.