All Marriage Is UnConstitutional

The United States Supreme Court has confirmed that they are going to hear two cases involving same sex marriage. Forget about the cases for a second, and think higher up. I submit that any and all marriage laws are unconstitutional on the grounds that it provides rights to the married class (same sex or otherwise) that the class of unmarried people do not get.

In the United States, there are more than 1000 laws - some federal and some state - that provide married people with rights and benefits disfavors unmarried citizens.

At the foundation of our constitution, there will be no discrimination on the basis of age, sex, religion, or heritage(color). This seems pretty straight forward. We will not have laws that create a disfavored class of people.

Individuals are citizens of the United States, regardless of marriage, size of your family, etc. However, our Senators and Representatives have passed laws that create disfavored classes by offering benefits and tax schemes that create disfavored classes. Married people get the right to either file jointly or as individuals - whichever serves them best. People with children get tax benefits. These laws are unconstitutional. They favor a class of people over another.

If the Supreme Court wants to clean up the books, they should rule that all marriage laws are unconstitutional because they lead to making single people "disfavored."


  1. Great Post, couldn't agree more. Everyone is an individual and should be treated as such tax wise. The marriage tax benefit was originally set up to benefit the stay at home moms. They didn't get paid for raising the kids and keeping the house clean. So let's reward the single earner family. But how about the single parent families which are a significant part of the population. They work, raise the kids and keep the house clean. They have two jobs, so they should get the same benefit as the two parent family.

    And there is also the child deduction. We shouldn't provide a tax credit for each child. It just encourages more children and the last thing we need is more population on this planet. Especially if the single parent is on welfare and gets more welfare for each child produced. Time for sterilization of people on welfare. Or have I gone a little too far.

    So why have marriage in the first place, it's just a tax dodge isn't it. Visitation rights for everyone and you can transfer your death fortune to anyone or anything you choose without a death tax. Everyone on their own without government intervention.


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