Again, the Equal Protection Clause has far less force on private entities than on government. - Edit 1
Before modification by Joel at 23/10/2012 03:54:01 PM
Automobile insurance is a legal contract. However, if I choose to purchase a boat I can't get coverage under such a policy. By your reasoning automobile insurance violates the Constitution; it doesn't.
The contract has qualifying features, if you do not meet the qualifying features, you are not eligible for that contract. If you want that contract, all you have top do is meet the qualifications. IF those qualifications are writen in such a way that they are impossible to meet by a "protected" group (don't get em started on the stupidity, and unconstitutionality, of protecting certain groups more than others) then you would have an equal protections argument, but that situation does not avail itself here. As long as every man (and every woman) has the exact same opportunity to enter into the legal status of "married" as everybody else does, then there is no discrimination.
"..but I don't WANT that type of marriage..." Is not justification for discrimination.
I may only have $30, but I don't WANT a Yugo, I want a Porche!!! is not an example of a car dealership discriminatiing against you, just one that overcharges for Yugos.
The contract has qualifying features, if you do not meet the qualifying features, you are not eligible for that contract. If you want that contract, all you have top do is meet the qualifications. IF those qualifications are writen in such a way that they are impossible to meet by a "protected" group (don't get em started on the stupidity, and unconstitutionality, of protecting certain groups more than others) then you would have an equal protections argument, but that situation does not avail itself here. As long as every man (and every woman) has the exact same opportunity to enter into the legal status of "married" as everybody else does, then there is no discrimination.
"..but I don't WANT that type of marriage..." Is not justification for discrimination.
I may only have $30, but I don't WANT a Yugo, I want a Porche!!! is not an example of a car dealership discriminatiing against you, just one that overcharges for Yugos.
Boats are not cars, but may still be insured; no one says, "you cannot ensure THAT: It is not a car!"
Even if we ignored that, the Equal Protection Clause says, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens private car dealerships are subject to far fewer Equal Protection restrictions than state and federal...." Private dealers and insurers are not states, so the Equal Protection Clause has far less force on them than on government (it SHOULD have none, but that rant is for another thread.
) Robomacare provides a good example: Mandating insurers offer customers equal prices (community pricing,) would be unnecesssary if the Equal Protection Clause had already done so.I have no idea where you got
"..but I don't WANT that type of marriage..." Is not justification for discrimination.
Allowing everyone the same rights you enjoy does not "discriminate against" you any more than forcing taxpayer funded schools to admit blacks discriminated against whites. Saying, "those people have their own schools," let alone, "those people deserve no education, which would somehow diminish mine," is discriminatory.