Quote:
Originally Posted by JollyRoger
It goes beyond that. His entire argument goes down in flames before the Right to Pursuit of Happiness, and the Equal Protection clause. Screw property rights and tax advantages, this is about one of the three most basic human rights that form the basis of American Democracy, and for this group of people, it is clearly and illegally denied to them by the majority...
|
My read on it is that there are certain legal distinctions between married and unmarried people when it comes to property rights and such. Those distinctions are unambiguous and not in doubt. Even the lawyers defending Prop 8 would admit that. Then there are other legal distinctions of the sort you mention. I hope that your constitutional analysis is correct about those distinctions, but I believe that there can be a good faith difference of opinion on them. I am not saying that the human rights you mention are less important than property rights and such. I am just saying that there is room for argument.