Legal question????

[RollergirlVT]

From our Constitution:
Article XIV.
Section 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.
With this in mind, how could a gay couple denied a marriage license by any state, not win a discrimination suit?

[yardwork]

1. I think that's why they tried to pass a constitutional amendment

[Dookus]

2. the argument goes

that nothing prevents a gay person from marrying someone of the opposite sex, therefore it is "equal" protection.

[mmonk]

3. well I know the supreme court

recently said disabled persons could not sue the state for damages (in Alabama). Said it was up to the states. 14th ammendment didn't apply to that person as a protected class. I guess they will say sexual orientation isn't a protected class either, I just don't know.

[cardlaw]

4. Not Article XIV, Amendment XIV

But the whole thing is there are different tests under equal protection for who gets what coverage: strict scrutiny, heightened scrutiny, and reasonable basis.