Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Mark
Lv 7
Mark asked in Politics & GovernmentPolitics · 9 years ago

Does anybody realize that ...?

... If gay marriage is ruled to be a constitutional right by the US Supreme Court, it does not prove that sexual orientation is not a choice? It does not prove that heterosexuality and homosexuality are not "the same"?

I've studied a whole lot of case law on the subject of "the equal protection of the laws," and there is not and never has been a pattern or statement that "the equal protection of the laws" is a principle that is limited to ONLY human characteristics that people are born with and can never change.

I've seen the Court uphold laws that "discriminate" on the basis of age, ...

I've seen the Court uphold laws that "discriminate" against people with a mental handicap, ...

I've seen the Court uphold laws that "discriminate" on the basis of gender, like the draft, ...

I've seen the Court uphold laws that "disciminate" on the basis that you were born out of wedlock, ...

And I've see the Court strike down laws that "discriminate" on the basis of a characteristic that obviously IS the choice of the person who wasn't treated equally! Please Yahoo or Google search for:

Skinner v. Oklahoma, 1942, ...

Harper v. Virginia Bd. of Elec., 1966, ...

Glona v. American Guaranty, 1968, ...

Plyler v. Doe, 1982, in which the Court explicitly acknowledges that someone's behavior is the basis of the discrimination, ...

And most pertinent to the marriage debate, look up Zablocki v. Redhail, 1978, ...

So, if the Court legalizes gay marriage in the name of the Equal Protection Clause, what does it prove? How about nothing more than the fact that our Justices are substituting their value judgments for that of the majority?

6 Answers

Relevance
  • 9 years ago
    Favorite Answer

    ok, I guess I realize that the courts don't make it a choice...

    but I still beleive it's not a choice.

  • 9 years ago

    Just because your using two accounts to talk about the gays and the rights they should have doesn't make you seem any smarter.

  • S
    Lv 5
    9 years ago

    And just what proof is there that homosexuality IS a choice? Do present us with it.

  • 9 years ago

    It's not the judgment of the majority.

  • How do you think about the answers? You can sign in to vote the answer.
  • ?
    Lv 7
    9 years ago

    So what you're saying is you're CHOOSING to be straight, but you could just as easily choose to be gay?

  • Bob R.
    Lv 6
    9 years ago

    No one knows what you are talking about. Improve your grammar!

Still have questions? Get your answers by asking now.