Gay marriage is a Civil rights issue

THE DUE PROCESS CLAUSE In Murphy v. Ramsey (1885) the U.S. Supreme Court stated: "[C]ertainly no legislation can be supposed more wholesome and necessary in the founding of a free, self-governing commonwealth, fit to rank as one of the coordinate state of the Union, than that which seeks to establish it on the basis of the idea of the family, as consisting in and springing from the union for life of one MAN and one WOMAN in the holy state of matrimony; the sure foundation of all that is stable and noble in our civilization; the best guaranty of the reverent morality which is the source of all beneficent progress in social and political improvement." The U.S. Supreme Court has always defined marriage to be between a man and a woman for the continuation of society and never did they say that the fundamental right to marry included same sex marriage or even plural marriage. In fact, in both cases, the Supreme Court rejected the existence of such definitions or rights in the past. Now, let me provide the evidence that there is no fundamental right to gay marriage 5 years after the Loving decision, The U.S. Supreme Court in Baker v. Nelson in 1972 regarding the issue of Same sex marriage when they endorsed a Minnesota supreme court decision. The case will show you that the same court in Loving v Virginia not only distinguished same sex marriage from interracial marriage, but established it as a right that does not exist under the constitution and never did. They also rejected and refuted many of the other﻿ same arguments gay activists make today. There are plenty of state and federal courts that mention Baker as a U.S. SCOTUS ruling: http://en.wikipedia.org... "The institution of marriage as a union man and woman, uniquely involving the procreation and rearing of children within a family, is as old as the book of Genesis. Skinner V. Oklahoma ex rel. Williamson, 316 U.S. 535, 541, 62 S.Ct. 1110, 1113, 86 L.Ed. 1655, 1660 (1942), which invalidated Oklahoma's Habitual Criminal Sterilization Act on equal protection grounds, stated in part: "Marriage and procreation are fundamental to the very existence and survival of the race." This historic institution manifestly is more deeply founded than the asserted contemporary concept of marriage and societal interests for which petitioners contend. The due process clause of the Fourteenth Amendment is not a charter for RESTRUCTURING it by judicial LEGISLATION." http://www.cas.umt.edu... As you can see, Marriage wouldn't be "fundamental" to the "existence" and "survival" of humanity if it was completely delinked from procreation or had nothing to do with reproductive potential. Marriage is the regulation of procreation and rearing of children. This has been deemed the most compelling of ALL compelling state interests by the U.S. supreme court several more times. Let me explain precisely why this is the case. The Purpose of CIVIL Marriage: The traditional view of marriage is based on the anatomical possibility or "natural teleology of the body" where only a man and a woman, and only two people, not three, can generate a child and raise the child through the natural complimentary element of both genders. Since this is the case, The law has a presumption of reproductive and child-rearing of potential on the part of heterosexual couples. Procreation and rearing of children is a biologically driven act that happens in nature. As an insurance policy,The state issues Marriage licenses just in case a couple naturally procreates either by accident or by choice without legal and social support in order to regulate procreation/ rearing of children. The Means to Achieve this Purpose: The state uses the traditional idea of marriage ,as a means to achieve this purpose, in order to encourage heterosexual couples to obtain a marriage license. There are two theories involving the structure and stability of families where the idea of marriage achieves this purpose: A. The Responsible Procreation Theory One way is through the responsible procreation theory which involves establishing family stablity within heterosexual relationships. Family stability is about how many transitions in the environment the child may experience during the child development process. The state uses the notion of Marriage to encourage couples to procreate and/or rear their children in a stable environment that is best situated to raise children. There is empirical evidence that supports the responsible procreation theory. In terms of the selection process, Studies show that people, who cohabit, compared to those who don't, have less traditional ideals or views of marriage. Then, according to other studies, they would not only be more likely to cohabit but more likely to divorce from prior cohabitation. This means whether the cause of the good child outcomes from couples is based on the idea of traditional marriage that people believe in or the physical experience of marriage, it does not matter. It would still be warranted for the state to use and promote a traditonal notion of marriage to ensure a stable home. Just go to this website for the studies p.2: http://eprints.qut.edu.au... Or http://www.smartmarriages.com... B. The Optimal partnership theory Another approach is through the optimal partnership theory which involves family structure. Family structure is about who the child is being raised with during the child development process. The state uses marriage to promote the ideal partnership between two biological married parents. There is also empirical evidence supporting the optimal partnership theory. Almost Every study demonstrates that children from two biological parents fare better in every category of social and psychological measurement. They are less likely to be poor, to exhibit behavioral problems, to struggle in school etc. than children in any other living arrangement. Here is an institute that mention the studies: http://www.urban.org... EQUAL PROTECTION CLAUSE Discrimination: "treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit. 1. Sex Equality Bans on interracial marriage were about the segregation of protected classes ,which has been deemed in the Brown decision to be another form of discrimination,. When it comes to the Sexes, The Supreme Court has never ruled integration to be a form of discrimination. Thus, there is no discrimination between the sexes because men and woman can equally marry someone of the opposite sex and both cannot marry the same sex. Sexual Orientation Equality As I explained before, the purpose of marriage is for encouraging responsible procreation and this is why there is a fundamental right to marry someone of the opposite sex only. Thus, there is no evidence of discrimination on the basis of sexual orientation either because gays and straights can equally marry somebody of the opposite sex for responsible procreation and rearing of children.