Lately there has been a surge in Gay rights are equal to civil rights which is simply not true. First lets forget the fact that gays arent nearly subject to 1/100000000 of the prejudice that blacks were. There isn't a constitutional precedence for it either and to say there is one means you take such a literal meaning interpretation of the constitution that you make the legislative branch utterly useless. Here are some of the arguments I have heard
So you only think the constitutions laws are the ones your republic can have?
Well no thats why we have congress but I can see why you would think that as they are always more busy with naming parks than tackiling tough issues
BUT ITS WRONG OH SO VERY WRONG
Well that maybe however the courts job is not to make law only to interpret the thing so no matter how "wrong" something may be it does not give the courts the right to project there on view of morality on the case (IE Roe V Wade)
Dred Scott V Sanford (1857)
The judgement is as folllows
Now slavery is a wrong however in this case the court ruled right. The constitution says nothing about slavery and there were laws that counted slaves as property. So therefore the court made the right decision here despite the fact it was "wrong"States do not have the right to claim an individual’s property that was fairly theirs in another state. Property cannot cease to exist as a result of changing jurisdiction. The majority decision held that Africans residing in America, whether free or slave, could not become United States citizens and the plaintiff therefore lacked the capacity to file a lawsuit. Furthermore, the parts of the Missouri Compromise creating free territories were unconstitutional because Congress had no authority to abolish slavery in federal territories. Judgment of Circuit Court for the District of Missouri reversed and dismissed for lack of jurisdiction.
Plessy v. Ferguson (1896)
Now this is a legal ruling due to the fact that Plessy only used the 14th amendment and did not try to utilize other parts of the constitution. the 14th amendment says nothing about everyone being integrated only that they be equal. If he had pointed out that the facilities were "separate but equal in name only" then they would've had a case but they didnt and the civil rights movement shot itself in the foot.
Brown v. Board of education (1954)
This is the ruling that overturned Plessy and to me is an illegal ruling. I think the fact that even after this was ruled there are still white and black schools is a testament to this. School segregation was on its way out. The civil rights movement was getting up (and for the most part would go through the right channels with the civil rights act of 1964 which I consider a hallmark in Americas law processing) The EPA says nothing about integration just equality. With this ruling one could argue that the public school system today is a racist classist institution granted the supreme court would knock it down however at that point they would be more in line with a Plessy ruling than with a Brown one. Like in Plessy the courts were being used as a legislative branch only this time it worked.
In todays say in age the gay movement is trying this same route and it is only turning people off. Not to mention it is straight up illegal as the constitution (cali or otherwise) says nothing about marriage to begin with. They have even less precedent than the civil rights movement.
For the record I'm not a bigot or a homophobe I merley want my republic to stay just that. No matter how wrong people may perceive it.
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