After yesterdays post and all while discussing equal protections I received an email from someone who didn’t wish to post their concern.
Here is the argument against my equal protections claim.
“You wish to redefine the traditional view of marriage when for a millennia the roles of marriage were defined one way. So why would equal protections overturn that? Can you cite a single example of over turning a long standing tradition and understanding like marriage?”
Why will equal protections overturn the law of marriage?
1) No other nation has a constitution like ours. No other nation made the guarantees ours had toward equality and protection under the laws of the nation. This is important to remember moving forward. We are not like nations of the past.
2) Because of these protections and guarantees we are indeed different. We promised every person the same protections under the law as any other person.
So yes I believe equal protections apply here since marriage is not an institution that we are discussing it is a law. If any group of people are excluded from a law then the equal protections guarantees are violated. By denying the protections and promises of the law of marriage to a small group of we violate the equal protections clause of our constitution.
The same as if we said it’s only murder if you kill a non-asian (Sorry Asian people I love you but needed a small population to illustrate the point) person but all Asians aren’t protected. By excluding even a very small group you violate the equal protections clause. The same is true of this law.
Can I cite a single example?
Yes women’s rights. A millennia of women as second class citizens and yet that “traditional institution” was changed. Why? Because by excluding women from certain laws like voting, owning property, ect.. were illegal and failed the equal protections guarantee and these laws and institutions were immediately struck down.
here is another. Slavery has been around since the beginning of man kind. It was even practiced here in the USA for a time. We recognized these humans (not slaves) were being denied their rights and we changed that institution as well. Other parts of the world still practice slavery but the US and equal protections abolished it just decades ago.
I could go on but you should understand the picture and the basis of the argument by now. Equal protections will be the down fall of “marriage” as a law. Institutions have already been shattered in favor of equity of the law here in the USA. This one will be no different. Why? Because the institution isn’t what we are discussing.
The law is.
Feel free to ask more I enjoy educating on my position. 🙂