This is where they simply assert there is an equal protection clause violation based on the fact that there is a substantive due process violation. It's just assertion. There is no precedent they are drawing on, and in fact, they acknowledge Lawrence was not an equal protection clause win. In fact, it was an equal protection clause loss, as i cited.
They point out a bunch of things about substantive due process (not equal protection)
Then, they simply assert ">And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry."
This is not a legal argument, it's, as scalia would say, jiggery puffery. It's not a citation of precedent. It's not a logical argumentation from the standards applied to equal protection claims. You can see there are zero tests being applied here. It is simply bare assertion.
Basically, nowhere in this paragraph, have they explained how it is an equal protection clause violation for legal reasons.
They just assert it exists.
There are in fact, reasonable arguments and conclusions to be made on either side of this particular legal battle. The majority made none of them :)
(As i pointed out, they could have held this was sex based discrimination subject to heightened scrutiny under the EPC, and disallow it there)
To be honest, if we are going to play armchair lawyer on hacker news, suggest you read these, and the decisions they refer to, with a really critical eye (to both sides). I suggest you take the time to look at what law schools outlines teach (it's a fine source if you want crib notes) about the equal protection clause.
With no disrespect meant, I simply have no remaining urge to try to explain to a large number of folks who confuse pretty basic constitutional law concepts, but want to argue with each other, what those concepts are. Not because i find it beneath me, but because it becomes exhausting :) Things like the substantive due process clause, the equal protection clause, etc, have a lot of precedent on them, and are very well studied. I would strongly suggest you take a look.
They point out a bunch of things about substantive due process (not equal protection) Then, they simply assert ">And the Equal Protection Clause, like the Due Process Clause, prohibits this unjustified infringement of the fundamental right to marry." This is not a legal argument, it's, as scalia would say, jiggery puffery. It's not a citation of precedent. It's not a logical argumentation from the standards applied to equal protection claims. You can see there are zero tests being applied here. It is simply bare assertion.
Basically, nowhere in this paragraph, have they explained how it is an equal protection clause violation for legal reasons. They just assert it exists.
There are in fact, reasonable arguments and conclusions to be made on either side of this particular legal battle. The majority made none of them :)
(As i pointed out, they could have held this was sex based discrimination subject to heightened scrutiny under the EPC, and disallow it there)
To be honest, if we are going to play armchair lawyer on hacker news, suggest you read these, and the decisions they refer to, with a really critical eye (to both sides). I suggest you take the time to look at what law schools outlines teach (it's a fine source if you want crib notes) about the equal protection clause.
With no disrespect meant, I simply have no remaining urge to try to explain to a large number of folks who confuse pretty basic constitutional law concepts, but want to argue with each other, what those concepts are. Not because i find it beneath me, but because it becomes exhausting :) Things like the substantive due process clause, the equal protection clause, etc, have a lot of precedent on them, and are very well studied. I would strongly suggest you take a look.