Ziggurat
Penultimate Amazing
- Joined
- Jun 19, 2003
- Messages
- 61,689
I disagree.
If one segment of the population is granted a whole slew of rights and privileges based on their ability to marry, and another group is arbitrarily -- or not arbitrarily, but on an extra-legal basis, such as religion -- denied these rights because they're denied marriage, then that's discrimination.
I used the term "equal protection" for a reason, and part of that reason is that it is not identical to "discrimination". Equal protection is constitutionally required. Discrimination is not constitutionally prohibited.
For example, the government discriminates based upon sex all the time, and nobody gives it a second thought. How? By having separate mens and womens bathrooms. That's discrimination. It is not, however, a denial of equal protection. The example you gave (denying services to minorities) is not only discrimination, it is ALSO a violation of equal protection, and that (not the discrimination aspect) is what makes it unconstitutional.
In the case of marriage, a case can be made that there is no violation of equal protection. You are indeed free to marry, regardless of your sequal orientation. There is discrimination involved (you can only marry someone of the opposite sex), but discrimination isn't by itself prohibited, and it applies to everyone regardless of their sexual orientation.
Gays have as much right to marry someone of the opposite sex as straights do, and straights are just as forbidden to marry people of the same sex as gays are. Sexual orientation is never used as a test for any aspect of current marriage law. From a legal standpoint, even the discrimination that occurs is being done on the basis of sex, NOT sexual orientation, and as I've already pointed out, discriminating on the basis of sex happens routinely without any equal protection violation. So gays are not, in fact, being prohibited from doing anything that straight people are not also prohibited from doing. They are free to engage in exactly the same behavior, with exactly the same privileges, as straight people.
Now, this may not be satisfying, and it may not be fair (it isn't), and it may not be the right thing to do, but none of those things are constitutional requirements.