Pure semantics. How can any court interpret and apply the Constitution to a particular case with unique issues and not create law? It's impossible. And that's why courts follow the doctrine of stare decisis.
No uh...actually its social and political history. I do understand that ideology Trump's these as well.
But that's precisely what equal protection under the law does. It's how blacks and women attained certain rights previously only held by white men.
Blah blah blah, rama lama ding dong. Blacks and woman were denied the general unalienable rights guaranteed under the constitution. Homosexuals have always had those particular rights. What they are asking for now are "rights" created by judicial fiat that do not support and protect the unalienable core rights inherent in us as human beings, under which we are all equal, but which simply legitimize complex psychological dynamics and the culture they have created around those dynamics for a tiny minority who's desires are inimical to the majority culture around them and yet perceive themselves to have a unilateral right, without the concomitant responsibilities, to redefine, and hence, destroy, fundamental social and personal meaning structures within the majority society.
Marriage is marriage.
According to who? Oh yes...case law.
Snip more racial blah blah that has no logical relation to sexual proclivity.
No. Marriage is marriage.
According to what criteria?
You're still missing the point. It's about equal rights and protection under the laws, not "biases and values."
The entire issue is about the redefinition of gender roles, marriage, and family. It has nothing whatsoever to do with "equal rights". The Left really thinks it can package its Kulturkampf in constitutional robes and get away with it. Well, if this election demonstrates anything, it demonstrates that they may be able to get away with it after all.
Then I guess our Founding Fathers were "leftists" because they set up this constitutional system that's got you so frazzled.
The very idea that the Founders foresaw such an issue as that of homosexual marriage as they wrote the Constitution and wrote it so as to take such potential future situations into account is so profoundly preposterous on its face that its becoming intelligence insulting discussing it further. This is just further evidence that, for the Left, the Constitution (as Obama made clear in his NPR interview) is the primary impediment to the transformations within society it seeks, and hence, needs to be either essentially rewritten through case law, precedent, and historical revisionism, or eliminated altogether as a thorn in the paw of the state in exercising its social engineering initiatives.