“The fourteenth amendment has not extended the rights and privileges of citizenship one iota. They are right where they always were.”
Need proof the 39th Congress who debated and adopted the Fourteenth Amendment did not consider State laws of marriage to come under the amendment? Former rebel States under Reconstruction were required to frame new constitutions and have State statutes that conformed to the provisions of the Fourteenth Amendment. Constitutions and questionable laws had to first [...]
Yesterday in the case of Perry v. Schwarzenegger, U.S. District Judge Vaughn Walker enjoined California’s Proposition 8 from being enforced on the grounds California has a “constitutional obligation to provide marriages on an equal basis.” Judge Walker finds California’s anti-SSM law violates both the Due Process and the Equal Protection clauses under the Fourteenth Amendment. [...]
Reading through the unanimous, 69-page decision of the Iowa Supreme Court striking down the state’s 10-year-old ban on same-sex marriage, reads more as an advocacy for same-sex marriage than constitutional fact finding. While I do not have much time to Blog on this case now, I will quickly point out deliberate and obvious factual errors [...]
Summary: The Fourteenth Amendments Equal Protection Clause assures equality in proceedings and laws for security of person before the law, not under general laws that may make distinctions in race, sex, age, gender preferences, etc. Hence, why it was introduced before the House, Senate and by its drafter, Rep. John A. Bingham, as limited to [...]