April 22, 2007
Nitpicking
GayPatriot asks:
But here’s a question I have for Log Cabin and the Hypo Rights Campaign — why is “gay marriage” a fundamental question of EQUALITY, but getting fired from your job because you are gay is just mere FAIRNESS?
I’ll take a shot at an answer:
You have a constitutional right to marry. You don’t have a constitutional right to be employed.
The Supreme Court has held marriage to be a fundamental right. Therefore, it is protected by the equal protection clause:
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
Therefore, if you believe that gays should be able to marry, it is an issue of equal protection AKA Equality.
You don’t have a constitutional right to be employed. And, since gays are not a protected class, it’s not an equality/equal protection issue. It’s merely an issue of fairness.
Posted by Henry at 01:50 PM
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