HENRY: Another big issue, same-sex marriage. Many conservatives like Marco Rubio support a constitutional ban on same-sex marriage. But this week, the former Republican Party Chairman Ken Mehlman came out and said he's gay and he called on conservatives to kind of move to the political center and be more tolerant on this issue. You have previously said in your gubernatorial campaign, you supported a constitutional ban on same-sex marriage. Now that you're trying to occupy the political center, are you still in favor of a constitutional ban on same-sex marriage?
CRIST: I feel the same way, yes, because I feel that marriage is a sacred institution, if you will. But I do believe in tolerance. I'm a live and let live kind of guy, and while I feel that way about marriage, I think if partners want to have the opportunity to live together, I don't have a problem with that.
And I think that's where most of America is. So I think that you know, you have to speak from the heart about these issues. They are very personal. They have a significant impact on an awful lot of people and the less the government is telling people what to do, the better off we're all going to be. But when it comes to marriage, I think it is a sacred institution. I believe it is between a man and woman, but partners living together, I don't have a problem with.
HENRY: But governor, doesn't it sounds like you having it both ways by saying live and let live, but I also support a constitutional ban on same-sex marriage. If it's live and let live, why would you ban same-sex marriage?
CRIST: Well, everything is in a matter of degree, Ed, and when it becomes to the institution of marriage, I believe that it is between a man and a woman, it's just how I feel.
Crist later clarified his position. Crist is now for civil unions.
"In an interview that aired today, I was not discussing an amendment to the U.S. Constitution banning same-sex marriage, which I do not support, but rather reaffirming my position regarding Florida's constitutional ban that I articulated while running for Governor. In fact, the interviewer's question reflected just that. I am fully supportive of civil unions and will continue to be as a United States Senator, but believe marriage is a sacred institution between a man and a woman."
There is no doubt civil unions are unconstitutional. The Equal Protection Clause of the 14th amendment and the Loving v. Viginia Supreme Court ruling make creating different marriage laws unconstitutional.
Because we reject the notion that the mere "equal application" of a statute containing racial classifications is enough to remove the classifications from the Fourteenth Amendment's proscription of all invidious racial discriminations, we do not accept the State's contention that these statutes should be upheld if there is any possible basis for concluding that they serve a rational purpose. The mere fact of equal application does not mean that our analysis of these statutes should follow the approach we have taken in cases involving no racial discrimination where the Equal Protection Clause has been arrayed against a statute discriminating between the kinds of advertising which may be displayed on trucks in New York City, Railway Express Agency, Inc. v. New York, 336 U.S. 106 (1949), or an exemption in Ohio's ad valorem tax for merchandise owned by a nonresident in a storage warehouse, Allied Stores of Ohio, [388 U.S. 1, 9] Inc. v. Bowers, 358 U.S. 522 (1959). In these cases, involving distinctions not drawn according to race, the Court has merely asked whether there is any rational foundation for the discriminations, and has deferred to the wisdom of the state legislatures. In the case at bar, however, we deal with statutes containing racial classifications, and the fact of equal application does not immunize the statute from the very heavy burden of justification which the Fourteenth Amendment has traditionally required of state statutes drawn according to race.
Gay marriage is eventually going to happen in all 50 states. It is time for left-leaning politicians to stop pandering to people who will never vote for them.
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