Originally Posted By: IvyLeague
[You can't argue several judges coming to the same conclusion as evidence they got it right. Gays having the "right" to marry is no more embedded in the XIV Amendment than woman having the "right" to have an abortion is found in IV amendment. The Constitution says what it says and anything else should be left up to the states. But that's where activist lawyers and judges, and their liberal supporters, twist and pervert the Constitution to say anything they want it to say. The laws are eventually no longer based on what the Founders actually intended but on case precedent based on the bone headed ruling of one judge or another. When you have a group of supreme court judges all looking at the same case, and going by the same laws, and yet coming out with different rulings, that shows you some are actually going by what the law says and others have some other agenda. And what the hell does that mean, the "wrong side of history?" Even if the majority of people eventually came to believe gay marriage was OK, and it was the law of the land across the nation, it wouldn't automatically make it right.


First of all, you are quite wrong on your belief that the basis for Roe v. Wade was the IV Amendment. You have posted this multiple times, and you're misinformed. Roe rests on substantive due process of the XIV Amendment, which protects fundamental unenumerated rights "implicit in the concept of ordered liberty."

Your application of Constitutional principles is appallingly narrowminded and contrary to what the framers intended. How do you account for the IX Amendment if the Constitution is an exhaustible list of rights? The Constitution is not statutory law, but constitutionalism requires applying the principles of the document (broadly spelled out, rather than narrowly crafted, like statutes) to laws passed by legislatures.

Because marriage, procreation, family decisions, etc. aren't specifically mentioned in the constitution doesn't mean that laws affecting these rights should not be held up to the constitutional mandates of due process and equal protection, guaranteed in the XIV.