Advocates of same-sex marriage use the 14th Amendment as a sort of incantation by which they think they can magically transform marriage from an inherently complementary relationship between a man and a woman into one which assumes that men and women are interchangeable. And instead of calling them on the bad arguments they use to do this, activist judges have not just looked the other way, but have actively cooperated in passing off the faulty arguments in favor of same-sex marriage as legitimate.
The 14th Amendment argument is probably the most common argument used in favor of same-sex marriage. "To deny gays the right to marry violates the 14th Amendment," they will say, and, largely because most people are not attorneys and don't have the expertise to answer it, the normal person who disagrees doesn't know what to say.
Here is what the section (Section 1) of the 14th Amendment which same-sex marriage advocates say requires that we change the definition of marriage: "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."
As you can see it clearly states that same-sex marriage is the law of the land ... Oh, uh, wait a second, actually is says nothing about same-sex marriage.
First 14th Amendment Fail:
First, to reasonably assert this in the first place is to assume:
- That the plain meaning of the words of the 14th Amendment indicates it established authors of the 14th Amendment meant it to establish a right to same-sex marriage. And, if not, then
- That those who ratified it understood it to establish a right to same-sex marriage. And, if not, then
- That courts have traditionally interpreted it to apply to same-sex marriage (and even if this last one was true while the first two were false, it would be an judicially-invented right)
In addition, it is hard to find any supporter of same-sex marriage even willing to argue any one of these points despite the fact that they are necessary to establish their case.
Tomorrow, we will look at the two, not only false, but preposterous things you would have to believe to say that the due process and equal protection clauses of the 14th Amendment establish a "right" to same-sex marriage.