General Scott Pruitt
believes a federal judge's order striking down the state's ban on gay
marriage will be overturned because there is no constitutional right
for gay couples to marry.
“Is there really a constitutional right?” Pruitt, a Republican, rhetorically asked. “[Are] there
support that individuals' sexual orientation should be the heart of
equal protection under the 14th Amendment? And that's
just not the case.”
Pruitt insisted that courts have already rejected the argument.
“When you look at where the Equal Protection Law came from, the 14th Amendment, the right to be treated equally under the laws, it came after the Civil War,” Pruitt said, adding that the amendment was written to protect people from discrimination based on race or gender, not behavior.
In his 68-page ruling, U.S. District Judge Terence Kern said that Oklahoma's 2004 voter-approved constitutional amendment, known as Question 711, violated the 14th Amendment of the U.S. Constitution. A separate ruling striking down Utah's ban also cited the provision.
His entire argument hinges on him being able to make the Scotus believe being gay is a choice (ie behavioral)?
This is his best ploy?