dobberx
I don't see that there are any.
The Supreme Court has two issues to deal with.
One is just with DOMA - the Defense of Marriage Act.
For the purpose of providing federal marriage benefits, DOMA defines marriage as between one man and one woman. Some states now allow same-sex marriages. So the problem here is that DOMA does not treat ALL LEGALLY MARRIED couples the same. A blatant violation of the equal protection clause.
Even in the military, spouses in same-sex marriages are NOT treated equally.
Striking down DOMA will not, in itself, legalize same-sex ,marriage across the country.
To do that, the Supreme Court will have to rule that all such bans are unconstitutional.
So they CAN do the first while not doing the second.
?
The Equal Protection Clause is supposed to mandate that everyone is treated the same under the law. That said, it usually requires that there be some legal advantage to be obtained before it kicks in. As there are advantages to being married legally, It can be argued that it does prohibit bans on gay unions, and multiple wives also for that matter if your religion recognizes multiple wives. The 1rst Amendment should also protect the latter, even though still protecting minors from sexual exploitation.
Ark, there is NO Constitutional right to be married.
?
There isn't one, really. If a right to marriage exists, the equal protection clause mandates that all adults that wish to be married under the law must be allowed to do so. To deny gay marriage, you must argue that there is no constitutional right to marriage.
Anonymous
Whatever the **** you're saying,the Constitution defines marriage as a thing between man and woman.Look it up yourself.