[quote]jsbrook wrote:
No, you’re wrong. The Supreme court has held that there is no fundamental right on economic issues and they get a rational basis review. Not so for marriage. Know your Constitution. Know your caselaw. Know the legal framework surrounding these issues. Otherwise, these comparisons are a total waste of time.[/quote]
The Supreme Court has held that marriage is a fundamental right as marriage is traditionally defined - there is no fundamental right to marriage any way you want to define it. How do we know? Case law, genius - the Supreme Court has already ruled that a state’s prohibition of same-sex marriage doesn’t violate the Constitution.
The “fundamental right to marriage” was handed down in 1967 (Loving) and the right for a state to ban same-sex marriage was handed down on a dismissal for want of a federal question in 1972 (Baker v. Nelson) - as in, Baker was after Loving, so a state ban on same-sex marriage doesn’t violate the fundamental right to marriage in the eyes of the Supreme Court, who ruled on the question only five years later.
Hey, Jsbrook - know your Constitution. Know your caselaw.
As to rational basis of economic issues, I know the court has determined that scrutiny is appropriate - and that was precisely my argument, that other social classifications that get the same level of review now get no “bump up” in status just because they are “social” in nature. There is no constitutional basis for removing them from rational basis - only political preferences.
Hey, Jsbrook - know your Constitution. Know your caselaw.
There is no distinction - under Equal Protection, the deciding factor is classification, not “social liberties”. A municipal ordinance that outlaws public nudity is not economic by any stretch of the imagination, and it targets a purely social issue - and, oh happy day, it’s evaluated under rational basis. The “nudist” doesn’t get a higher level of protection than the rich person under a progressive taxation challenge.
No you don’t - you simply sit back and regurgitate the “state of the law” without offering insight one on which way a court should go. Any of us can grab a Wikipedia entry and get as much out of it as your posts on the issue, which don’t do anything except give a middle of the road rundown.
The theoretical stuff is what the Justices would do themselves in trying to come to the right answer - that’s the fun stuff. You, on the other hand, simply want recognition for being able to rattle off the appropriate standards.
When you actually want to pony up and discuss the “contentious issues”, let us all know.