Who are we to decide who deserves equal protection or not? Are they not as human as the rest of us? Do they bleed green when cut instead of red?

Gay people deserve the same protection under the law as every citizen of America. The law is made for all people and all people should abide by the law.

As most of the prior reviewers noted (or at least implied), it should go without saying that all American citizens (gay or straight) have equal protection rights. This means that this argument alone has no weight whatsoever unless one believes that a constitutional amendment is in order and is ready to advocate such a drastic change. (One can never really stand on "the law says this" because the law can always be changed, even the Constitution.) Nevertheless, there does appear to be some lingering confusion on this issue. As I've stated and detailed elsewhere, absent some law that differentiates gays based on only being homosexual, there is no equal protection violation. Again, what is at issue here is behavior (e.g. marriage) not identity, and behavioral preferences (at least as a strong general rule) are not protected by the equal protection amendment. I may prefer to drive faster than the speed limit, but there is no constitutional infraction. I may prefer to walk around naked in public, but there is no 14th Amendment issue. I may prefer cheaper goods and services, but environmental laws do not infringe upon my equal protection rights. The bottom line is that, while this argument is nonsense as the Constitution reads today, gay marriage is a should/shouldn't public policy question to be hammered out in the regular political process and not a constitutional fight on the federal level. It behooves us to always remember that tough cases make bad law.

You and anyone else who doesn't rate this post as 1 is a person that lacks intelligent, compassion, understanding, acceptance, tolerance and basic humanity, you are also a fascist, social terriorist and an ignorant pig. Stick your head back in your Bible while supporting ideology of Hitler.

If you are offended by non politically correct postings, please hide your eyes or jump to a different posting.



As a person, everyone is entitled to equal protection. If we use our lower digestive tracts as a sex organ, that does not make us a protected class to fall under the Fourteenth Amendment of the Constitution of the United States. I can't speak for the state constitutions, however, but since they all have a common origin, historically such is the rule there also.



Stating that the method of sexual intercourse makes a class that falls into the equal protection category is absolutely hilarious. That takes its authority from a stretch of imagination rather than an legal theory not found in any system of jurisprudence on this planet at least. Maybe Pluto has a school of thought that would lend assistance to this position.



If anyone out there in RIA Land can find in the Civil Law, the Common Law, Roman-Dutch Law, Soviet Law or any other legal system, the rationale that sexual methods make a protected class, than please let me know. I am always interested in newly discovered evidence.



As to the comment that the anus is a sex organ, I state that using the lower digestive tract as a sex organ is unnatural and dangerous. The bowel rips and tears and allows direct access of virus and disease into the bloodstream.



Read a couple of elementary medical texts if you won't take my word for it. AIDS is almost universally contracted that way. Again read the texts and use the scientific method to determine the truth. Stay away from ideology and slogans!

Only an utterly ignorant of the U.S. Constitution, jackbooted fascist organization- or rather deranged individuals- would seriously suggest this.

Might not be a bad idea for kissmeback to go back to school for some "learnin'". Like spelling, puctuation, capitalization. Oh, yeh, and a class on basic rights! As in being able to rent a home, employment, etc., etc. (Do you know what "etc." means?)

i am against gay anything but i wouldn't go out and attact any one because i could.so this one is a little hard for me.i don't agree with the way they choose to live.but to denied the protection would be hard.what kind of protection are we talking about?

All Americans deserve equal protection...great. That should be obvious unoless your some kind of Nazi. This however does not have a damn thing to do with Gay marriage. Like Ive seen many times in other forms of gay support hooplah, this particular 'entry' on this list is just there to garnish acceptance for anything connected with being gay. It should not have been here to begin with. UPDATE. Just a Hoorah for all the supporters of Proposition 2 voted on yesterday in Texas. Gay Marriage is out! Thank God we are still thinking about families in that way in My home state!

It depends on what is meant by equal protection. Is that on the whole or just in marriage? Because I don't think that saying a gay person shouldn't be protected equally under the law in general is a very strong argument against gay marriage. But I certainly don't think that gay marriage should be permitted and as far as the marital laws are concerned, then gay people should not have any rights if they want to marry their own kind.

Well, apparently there is some confusion in this discussion as to who is covered by the 14th Amendment. Let's take a look at it, shall we? "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." Gee...I don't see anything about "protected classes" in the 14th. I see, "ALL persons born or naturalized in the United States" and "No State shall make or enforce any law which shall abridge the privileges or immunities of CITIZENS." The 14th protects ALL citizens, not just special classes of us. Marriage is a fundamental right in this country. See the decision of Loving v. Virginia if you have any confusion on that matter. ALL citizens have a right to access that right, unless the state can provide a compelling interest to prevent them. The support of an argument which specifically says that a citizen...ANY citizen...is undeserving of the full and equal protection of the law is so fundamentally Unamerican, and so monumentally bigoted, that it defies belief. It's sad that there are still people so ignorant and hateful in our country. But, soon enough will come the day when the homophobes are relgated to the fringe of society that is currently occupied by hard-core sexists and racists. percivale

I take back my earlier remark. THIS is the stupidest argument against homosexual unions in this list. I have an idea! Let's just make them 2/3 of human beings to mollify the narrow minded, provincial Bible Belt fundamentalists.

Equal protection is a foundational element of US law. Establishing categorical rights and claiming that certain groups have certain rights over another will weaken the very legitimacy of our legal system. One's sexual orientation has nothing to do with the administration of justice.

The human anus IS a sexual organ. That's why it is an erogenous zone and the shortest route to the prostate gland (check it out!). Also, anal sex is extremely popular among heterosexual men and women-- not just gay men. I thought it also went without saying that humans get their sexual identity and gender preference from their brains, not their digestive tracts or genitals. That's why those who are respected for their findings on sexuality are psychologists, psychiatrists, neurologists, and social scientists, not anatomists or butchers.

Nonsense. All Americans deserve equal protection under the law.

Yeah, unfortunately the law protects a lot of people who are undeserving of equal protection under the law, including people who speak out against gay marriage. What's that you say? People who speak out against gay marriage are deserving of protection under the law? Perhaps, but wouldn't it be awful if there was a law that allowed for discrimination against people who opposed gay marriage? It would be a baseless law, yes, but if you are going to base laws on value judgments such as Gay People are Undeserving of Equal Protection Under the Law, then don't be suprised if someone someday makes a value judgment that [your name here] is undeserving of equal protection under the law. You say it won't happen, but wouldn't it suck if it did? Why insist upon the same treatment for gay people, unless you are a hateful human being.

Why? No one said special treatment,we are talking about equal treatment. Some people seem to have difficulty understanding what that means. Don't play semantics with the word marriage to justify homophobia.

This has nothing to do with the issue of gay marriage unless you're going to bring in the factors of entitlements created by marriage. But as far as equal protection under the law, that applies to all people regardless of faith (although Christianity seem to be able to be attacked without consequences), sexual orientation, or ethnic heritage.

One nation, under God, indivisible, with liberty and justice for ALL. Ring any bells?

Everyone deserves equal rights. I do not believe this to be a legitimate argument.

everyone deserves equal rights.

What a ridiculous hypothesis. You can't selectively grant or deny Constitutional protections.

. . .so who 'deserves' equal protection? Who decides who 'deserves'? This sounds nothing - I repeat - nothing like freedom. It isn't even close to the concept of freedom. Here's a 'deserve' for you - you deserve no rights for yourself that you would deny someone else. Sleep on that.

Bigbaby kind of stole my thunder on this one. It's not that homosexuals aren't deserving of equal rights, I just don't like the idea of putting in special laws for any group.

Gay for the most part already recieve equal protection under the law. Technically speaking, gays can already get married. We can marry a member of the opposite sex, just like everybody else. 60% of homosexuals hold professional/management positions in the workforce. The avergae salary of a homosexual is %55k, compared to only $32 of the general public. Since I have come out a few years ago, I have been much more popular with everyone. But when it comes to the legal rights and benefits of marriage, there is no reason why a gay couple cannot have the same rights as a straight couple do in marriage.

i cant think of anyone who would actually support this discrimination, even those who thought it in their head probably wouldn't be stupid enough to display discrimination as their defense against gay marriage.

Everybody should be given equal protection under law. Separation of Church and State is supposed to help us from making judgments on individuals or groups, and to focus on respecting a person's humanity and not their personal choices.

Nobody (equipped with any grey matter)who opposes normalization and general legal acceptance of gay marriage would argue something so intellectually weak.

I think all tax paying Americans are worthy of equal protection under the law.