Perspective
Jan. 25, 2013
Morality aside, same-sex marriage is still not constitutionally guaranteed
Prop. 8 - which provides that "only marriage between a man and a woman is valid or recognized in California" - does not discriminate against any person because it is all-inclusive. By Phil Rafferty
Proponents of same-sex marriage argue it is constitutionally guaranteed because (1) its prohibition, such as California's Proposition 8, violates equal protection guarantees by discriminating against and displaying "animus" toward gay persons; (2) prohibiting same-sex marriage violates due process because it is a "fundamental right," and if not, it still qualifies as a nonfundamental liberty within the meaning of Lawren...
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