Comments about ‘Supreme Court teases out implications of Prop 8’

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Published: Tuesday, March 26 2013 9:20 p.m. MDT

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Ogden, UT

@RanchHand 1:11 p.m. March 27, 2013

You left one thing out -- the US Supreme Court case Loving v. Virginia, 388 U.S. 1 (1967) which states in part:

Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942). See also Maynard v. Hill, 125 U.S. 190 (1888). To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.

Marriage is one of the unenumerated rights protected by Amendent IX (which you quoted). Racial discriination in Loving is equivalent to sexual orientation discriination in the current case. This case should persuade if not control the decision.

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