02 Mar 11
Originally posted by TeinosukeWell, not really.
Since the US Constitution says nothing about homosexuality, surely in this case you can do things how you like and therefore it's a matter for the legislature?
The Constitution doesn't reference homosexuality per se.
But the "equal protection" and "due process" clauses could be used as justification for requiring states to recognize gay rights generally and gay marriage specifically.
02 Mar 11
Originally posted by sh76Anyone can say anything is a right. That doesn't make it so.
Constitutions can't enlarge rights?
What about those states that state in their Constitutions that a public education is the right of every child? Isn't that enlarging their rights? I mean, surely the right to a public education is not a natural right?
02 Mar 11
Originally posted by sh76Well, for all your chest pounding regarding the US constitution, you also don't seem to care that much about what it says if you also think this video speaks louder than constitutional law history.
In Europe you can do things however you like. In the US, our government is based on a Constitution.
Assuming the US Constitution is not amended, it becomes very dicey when you start making up new rules and pretend that they are mandated by the Constitution.
Ergo, case law is relevant.