Quote:1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Emphasis mine.
It's my favorite Amendment after the First. Why do you think the boys in the GOP are trying so hard to pass that Marriage Amendment? Because, under this Constitution should anyone ask, States cannot abridge the privileges of citizens. For example, for a long time women could not vote in the this nation. Why? Because the States said so, but if anyone had asked the Supreme Court to rule on the matter, which no one did, the Supremes would have looked at the Fourteenth Amendment and said "There cannot be a clearer privilege under the law than the opportunity to vote." You know who said that about the Fourteenth Amendment? Justice Scalia, he knows.
So suppose two men are denied a license to marry. That's what you get in most States, a license. Is there, other than denying someone the right to vote, a greater intrusion into the privileges and immunities of the citizens of these United States than to deny them the right to marry the person they love the most in the world? No. But no one has asked.
So what am I saying? That there was no for passage of the Amendment giving the right to vote to women? Yup, and so does Scalia. He has other motives than mine, but we both agree.
Can the States regulate the process of either marriage or adoption? Of course, they can, they can set up any set of rules they want until they reach the point where a person reasonably believes his or her privileges and immunities have been abridged.
Joe(Is this a great country or what?)Nation