>
>
> ras, I read the 14th Amendment's equal protection clause and due process
> clause to prohibit a state from denying equality in marital rights
> same-gender couples. Others may (and do) disagree with that.
>
> But under my interpretation of the 14th Amdt, as it applies to
> discrimination between genders and orientations that cannot be justified
> by a legitimate state interest, the 9th Amdt is trumped. The 9th
> addresses powers that have not been bestowed on the federal government.
> The 14th Amdt addresses proscriptions we have placed on the reach of
> state action.
>
> Yes, indeed, I now see that you and I have radically different
> perspectives on what I think are fundamental rights, which may be what
> you were alluding to last night.
>
My point is really two fold. The most salient point being that this is
not an issue for a Democratic candidate to address. Its a looser from
the get go.
Secondary to that is the fact that the Supreme court in its present
configuration will NEVER agree that the 14th amendment applies to
allowing same-sex marriage. In fact the court may not strike down
something like Colorado's amendment 2 again once Kennedy is gone let
alone expand the rights of homosexuals.
Finally, I really don't agree that the 14th is applicable. The states
do have compelling reasons to place restrictions on what constitutes a
marriage. At the same time I certainly oppose a constitutional
amendment advocating ANY sort of marriage.
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