Phatscotty wrote:Metsfanmax wrote:Phatscotty wrote:the amendment is by the people and for the people. It is a response to radical government and their actions in places like California, where an unelected judge overturned the votes of 10's of millions of people and "created" new rights which account for hundreds of billions of dollars of state spending. This is about the people taking control, and rejecting the government in their power grab into yet another institution.
The people cannot vote into law something that is unconstitutional. It is not judicial activism to overthrow an unconstitutional law. That principle has been on the books since 1803.
which is why it has been upheld as Constitutional. If these marriage amendments are unconstitutional, then the Supreme Court should weigh in. So that's a bullshit response
Actually, eight federal courts have ruled that DOMA is unconstitutional, and the Supreme Court may very well rule on that soon.
But besides that, use your common sense. In what way could the Equal Protection Clause possibly be construed as permitting a law that allows marriage for some citizens and not for others?