Quote Originally Posted by motorfirebox View Post
Such an amendment is unnecessary, unless you can show the Constitutional provision that restricts gay rights.
SCOTUS (Lawrence v. Texas) threw out civilian sodomy laws by creating a new, previously unknown constitutional right to sexual behavior, as long as it was consensual and between adults.

The Founders, for example Washington and Jefferson, seemed to view sodomy as a crime. If they thought buggery was a basic human right worthy of protection against state interference, it seems they would have included it in the Bill of Rights. By comparison, many states had established religions and religious requirements mandated by law at the time of the drafting of the Constitution. The majority of Founders, including some very devout ones, found this objectionable, thus the religion clause in the first amendment.

So after 200 years, homosexual behavior, which had been held criminal at the time of the Constitution (Jefferson apparently wrote part of the Virginia criminal code that included sodomy as a crime) and ever since, suddenly becomes a constitutionally protected right. In my book for this to happen, should have taken a Constitutional amendment.