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Gun control laws can equally affect everyone, though, is my point. Burr Send a noteboard - 20/10/2012 10:52:41 PM
If they made possessing bb guns illegal, no one could possess bb guns, and this would not be because of any distinguishing characteristic of the citizen. Whereas, if marriage is made illegal, but only for homosexuals wanting to marry each other, then there is obviously a distinct group who can't marry and a distinct group who can.

So really, the 2nd Amendment is the only part of the constitution that protects gun ownership for everyone. The Equal Protection clause would only come into play if a certain group were specially protected or excluded. (And even then, it wouldn't necessarily be unconstitutional. For instance, if police were allowed to own bb guns, but no one else were, such a law would likely survive an Equal Protection challenge, because it would be judged via rational basis, not heightened scrutiny. It would only fall to a 2nd Amendment challenge.)
||||||||||*MySmiley*
Only so evil.
This message last edited by Burr on 20/10/2012 at 10:53:55 PM
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2nd Circuit rules in favor of Edith Windsor. DOMA unconstitutional. - 18/10/2012 08:37:12 PM 902 Views
An excellent ruling. Thanks for the post. *NM* - 18/10/2012 08:47:54 PM 256 Views
Oh, and they addressed the First Circuit's argument: - 18/10/2012 08:54:47 PM 710 Views
I always knew that DomA guy was bad news. - 18/10/2012 09:05:13 PM 467 Views
Do you know if there's a case about DOMA and the "full faith and credit" clause? - 18/10/2012 10:05:11 PM 632 Views
I wonder about that one as well. - 19/10/2012 12:39:54 AM 583 Views
Re: I wonder about that one as well. - 19/10/2012 01:18:22 AM 581 Views
Either a ban discriminates against those affected more than those unaffected, or it does not. - 19/10/2012 03:48:32 PM 469 Views
Gun control laws can equally affect everyone, though, is my point. - 20/10/2012 10:52:41 PM 576 Views
I'm sure there is. The California case is likely to discuss it. - 19/10/2012 02:48:02 PM 627 Views
There is a good chance it won't happen - 19/10/2012 03:02:50 PM 696 Views
Kennedy will go along with them. *NM* - 19/10/2012 10:05:38 PM 239 Views
As it should be; the DoMA was always a brazen affront to the Equal Protection Clause - 19/10/2012 12:06:13 AM 713 Views
Not really - 19/10/2012 02:16:04 PM 637 Views
Not quite - 19/10/2012 02:56:56 PM 504 Views
Yes, really, for "any CONSTITUTIONALLY PROTECTED RIGHT." - 19/10/2012 03:12:11 PM 609 Views
joel, please stop - 19/10/2012 05:42:51 PM 572 Views
That's such a stupid, puerile argument. - 19/10/2012 03:47:26 PM 589 Views
Not the best analogy, though I agree with the sentiment. - 19/10/2012 04:10:11 PM 517 Views
Then by the "legal argument" you all propose I should have the "right" to marry a spoon... - 19/10/2012 05:48:32 PM 548 Views
if your spoon or dog is capable of making power of attorney decisions then by all means do so *NM* - 19/10/2012 06:41:43 PM 257 Views
How about I "marry" a corporation then. THAT is how stupid the entire arguement is. *NM* - 19/10/2012 07:25:13 PM 248 Views
Another good example of how corporations aren't the same as people. *NM* - 19/10/2012 10:07:32 PM 252 Views
Would you be the bride? Would you wear white? - 20/10/2012 07:58:52 PM 505 Views
You have obviously not read my posts very carefully - 22/10/2012 04:23:22 PM 481 Views
Ah, the "I have Gay Friends" argument. - 22/10/2012 09:33:41 PM 502 Views
It was only a matter of time. - 19/10/2012 02:49:21 PM 557 Views
I do not understand why fundamentalists demand government dictate religion. - 19/10/2012 03:22:54 PM 715 Views
Which is why the entire method of legal attack being mounted is dumb. - 19/10/2012 05:53:12 PM 626 Views
the only ones forcing their beliefs down everyone's throats are people like yourself - 19/10/2012 06:44:57 PM 596 Views
There is no right being denied... - 19/10/2012 07:22:24 PM 559 Views
No? - 19/10/2012 11:34:36 PM 537 Views
Really - 22/10/2012 04:29:38 PM 538 Views
You are making one, huge factual mistake that is screwing up your entire argument: - 20/10/2012 11:00:28 PM 581 Views
Nope I am not - 22/10/2012 04:34:59 PM 522 Views
That is just it: Most US marriage laws are already areligious. - 23/10/2012 05:08:38 PM 536 Views
Yes, the laws are 100% secular... - 23/10/2012 07:01:08 PM 505 Views

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