Problem?

And while I am rather enjoying it, as there was a lot of popcorn in my house needed to be eaten, I must also give background info for those of you people that live inside rocks. California has declared Proposition 8, which condones same-sex marriage, unconstitutional. Now, it has yet to be passed to the Supreme Court, but half the people I know are idiots and are jumping the gun and going “OMGWTFBBQ THIS SHIT CRAY @LL DA GAIZ R GUNNA MARRY NOW OHMHAGAWD PREPAIR YOSELVES FOR DA GAYPOCALYPSE.”

Over the course of the day I’ve been asked about my stance on the matter and how I haven’t burst out dem sweet ad hominems and argued about it. So, here’s my stance. And it’s not really a stance as it is a rebuttal, but whatever.

I don’t think many of you know the term “unconstitutional.” It actually means “in direct defiance to the Constitution” but people are bending the term to their own benefits.

Prop 8 is unconstitutional. The constitution (amendment 14) protects citizens from state governments imposing on equal protection and due process grounds (in this case, substantive due process). The constitution does not say having a firearm is an individual right, either. Do you disagree with Heller, then?

A “liberal state” did not make a ruling. This is a federal question, thus, a federal court is hearing it. And the 9th circuitencompasses like 4 or 5 states.

Marriage is a fundamental liberty interest. States cannot come up with any rational basis for imposing the legislation. They can’t even pass a rational basis review on this, so ostensibly they fail strict scrutiny, though I haven’t read the prop 8 case that closely and forget which standard the court used.

And there’s a legitimate, legally analyzed process on how it is unconstitutional. Come at me.

In other words, I’m neutral with the concept, but I don’t think people should be denied basic human rights, so I guess you could slide my token on the “for” side.

Thank you for giving a fuck. Have a nice day.