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Gay marriage and the Constitution, Why the Equal protections clause doesn’t apply November 5, 2008

Posted by Patriot in Uncategorized.
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We all know that the California Supreme Court usurped the will of the people of the state of California when they voted to declare the gay marriage ban, (voted in to law by the people) unconstitutional. The court sited the equal protections clause of the California State Constitution.

The fact is marriage is not a right specified in any constitution; therefore marriage bans can be made law. The equal protections clause doesn’t apply to the gay marriage ban in California. To understand why it doesn’t apply, we must look at the Constitutions of the state of California and the U. S. Constitution, in context, and how each relates to the other.

California Sate Constitution article 1 section 7 states:

CALIFORNIA CONSTITUTION
Equal Protection
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 7. (a) A person may not be deprived of life, liberty, or
property without due process of law or denied equal protection of the
laws; provided, that nothing contained herein or elsewhere in this
Constitution imposes upon the State of California or any public
entity, board, or official any obligations or responsibilities which
exceed those imposed by the Equal Protection Clause of the 14th
Amendment to the United States Constitution with respect to the use
of pupil school assignment or pupil transportation. In enforcing
this subdivision or any other provision of this Constitution, no
court of this State may impose upon the State of California or any
public entity, board, or official any obligation or responsibility
with respect to the use of pupil school assignment or pupil
transportation, (1) except to remedy a specific violation by such
party that would also constitute a violation of the Clause of the 14th Amendment to the United States Constitution, and
(2) unless a federal court would be permitted under federal
decisional law to impose that obligation or responsibility upon such
party to remedy the specific violation of the Equal Protection Clause
of the 14th Amendment of the United States Constitution.
Except as may be precluded by the Constitution of the United
States, every existing judgment, decree, writ, or other order of a
court of this State, whenever rendered, which includes provisions
regarding pupil school assignment or pupil transportation, or which
requires a plan including any such provisions shall, upon application
to a court having jurisdiction by any interested person, be modified
to conform to the provisions of this subdivision as amended, as
applied to the facts which exist at the time of such modification.
In all actions or proceedings arising under or seeking application
of the amendments to this subdivision proposed by the Legislature at
its 1979-80 Regular Session, all courts, wherein such actions or
proceedings are or may hereafter be pending, shall give such actions
or proceedings first precedence over all other civil actions therein.

Nothing herein shall prohibit the governing board of a school
district from voluntarily continuing or commencing a school
integration plan after the effective date of this subdivision as
amended.
In amending this subdivision, the Legislature and people of the
State of California find and declare that this amendment is necessary
to serve compelling public interests, including those of making the
most effective use of the limited financial resources now and
prospectively available to support public education, maximizing the
educational opportunities and protecting the health and safety of all
public school pupils, enhancing the ability of parents to
participate in the educational process, preserving harmony and
tranquility in this State and its public schools, preventing the
waste of scarce fuel resources, and protecting the environment.
(b) A citizen or class of citizens may not be granted privileges
or immunities not granted on the same terms to all citizens.
Privileges or immunities granted by the Legislature may be altered or
revoked.

United States constitution amendment 13, 14, 15 state:

Amendment XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States , or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
Amendment XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.
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.
Section 2.
Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5.
the Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
*Changed by section 1 of the 26th amendment.
Amendment XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.
Section 1.
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude –
Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.

In context it’s clear to me, the equal protections clause of the California State Constitution was intended to ensure that the states laws passed by Ballot measure or by the state legislature were to apply and be enforced equally on all citizens of the state. So a law banning gay marriage applies to all citizens and is to be enforced equally to all citizens.
My point is further amplified by the 14th amendment to the U. S. Constitution. The intent of the 14th amendment can be best understood in context with the 13th and 15th Amendments. In a nut shell, the 13th amendment freed the slaves, the 14th amendment declared all peoples born or naturalized including the former slaves within the United States, Citizens of the whole United States, and a Citizens of the State in witch they reside. As citizens under the 14th amendment the slaves became equal citizens to the rest of the population of the United States, thus they were to be equally protected under the law. Remember Slaves were considered property under the law prior. The 15th amendment gave the slaves the right to vote. All three amendments were for the sole purpose of ending slavery and the disposition and treatment of former slaves. So the California Supreme Court was wrong in its application of the equal protections clause. I believe the California Supreme Court grasped at any thing they could to support gay marriage and made up an argument they believed the MSM would buy,

Both the U. S. Constitution and the California State constitution state the same thing in their respective equal protections clauses, California’s clause has further subdivisions to allow exceptions to the clause with respect to bussing students to other schools out side their districts. California’s constitution is subordinate to the U.S. Constitution.

Comments»

1. Robert - December 21, 2008

Gays are not just another minority group, but a “suspect class” of minority.

This status has only previously been extended to race, sex, and religious minorities. This means that discrimination against a “suspect class” triggers “Strict Scrutiny” on the part of the courts, and this analysis requires the government to come up with a “compelling state reason” for the discrimination.

Historically, once a minority group has attained status as a “suspect class” discrimination against it has always been prohibited because the government has never been able to come up with a “compelling state reason” for the discrimination.

The more society discriminates against them and denies them equal treatment, the more reasons they’ll have to be protected by the state.