@BillRM,
BillRM wrote:
I agree the right for heterosexuals to marry is a fundermental right though out history as it have a direct connection with producing and caring for the next generation.
There is no history or right to call private homosexual relationships marriage however or grant state licenses.
If you wish that right you are just going to need to amendment the constitution.
How many times must I address your frivolous argument? You keep ignoring every bit of information that is posted that refutes your narrow-minded view that only those things that existed when our nation was founded are constitutionally protected. Again, look at what Justice Scalia said about the constitution:
Justice Scalia wrote:Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35"36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.
DISTRICT OF COLUMBIA V. HELLER
http://supreme.justia.com/us/554/07-290/opinion.html
Our constitution was written to endure from one generation to the next. Constitutional protection of individual rights extends to modern forms of bearable arms, modern forms of communications, modern forms of search, and MODERN FORMS OF FAMILIES.
In our MODERN times, many families are headed by homosexual couples. Because these families exist, the government must necessarily deal with them. The necessity to deal with existing familial relationships and obligations has always been recognized:
Quote:Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law. Upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties, with which government is necessarily required to deal.
REYNOLDS v. U.S., 98 U.S. 145 (1878)
http://laws.findlaw.com/us/98/145.html
Committed homosexual couples and their families are not seeking a new right--they are seeking to exercise the existing fundamental right to marry. They are seeking to participate equally in our existing civil institution of marriage that regulates familial benefits and duties.
Chief Justice Kaye (NY) noted the following about homosexual couples:
"[They] represent a cross-section of New Yorkers who want only to live full lives, raise their children, better their communities and be good
neighbors.
For most of us, leading a full life includes establishing a family. Indeed, most New Yorkers can look back on, or forward to, their wedding as among the most significant events of their lives. They, like plaintiffs, grew up hoping to find that one person with whom they would share their future, eager to express their mutual lifetime pledge through civil marriage. Solely because of their sexual orientation, however--that is, because of who they love--plaintiffs are denied the rights and responsibilities of civil marriage."
Fundamental rights are fundamental rights. Chief Justice Kaye (New York) wrote, "fundamental rights, once recognized, cannot be denied to particular groups on the ground that these groups have historically been denied those rights. . . . Simply put, fundamental rights are fundamental rights. They are not defined in terms of who is entitled to exercise them."
Again, look at the language of the Lawrence case: "times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."
Same-sex couples and their modern day families exist in substantial numbers in every state in our nation. State-sponsored oppression of these existing modern-day couples and their families through the operation of our laws cannot be justified.