Legal Question in Constitutional Law in South Carolina

Gay and Lesbian Paid Taxes For Heterosexual Use Only

Why is it that i as a Lesbian pay my taxes and i cannot marry the person of my choice. My taxes go for Justice of the Peace to marry heterosexuals on public property...at courthouses etc. Some military officers marry heterosexual couples on ships or other military installations all paid for by not only hetersexual taxes but also Gay and Lesbian taxes. The Citadel in south Carolina had to allow a woman in because taxes from the state were taken from both men and women and not just by private means. This should fall under the same area i would think. Please also tell me also if a state has a sodomy law and a man takes a woman from behind or they have oral sex..arent they breaking the law? What about videos showing law breakers? Can someone tell me why we have dual laws? Is ''Traditional'' marriage like ''Traditional'' sex? Is there a sodomy law in Washington DC because if there is Clinton and most likely bush need to be arrested.


Asked on 7/15/04, 7:11 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Gay and Lesbian Paid Taxes For Heterosexual Use Only

Taxpayer arguments like yours are very hard to win, and the fact that you must pay taxes while the state spends some of the money on things unavailable to you is not enough to prevail on such a claim. Childless adults must pay taxes to support public schools, people with good health insurance must pay taxes to support public hospitals, people who don't drive (or who can't because of a disability) must pay taxes to build and maintain roads, and so on. Individuals are not entitled to dictate how their tax money is spent.

Like you, I don't think it makes sense to deny marriage licenses to gays and lesbians. But the issue seems to be more about equal protection than about taxation. If taxpayer status were what mattered, then poor people who pay no taxes could be denied marriage licenses -- and any other government services -- on that basis.

As for your question about sodomy laws, a recent Supreme Court decision has invalidated most such laws and has left states with very limited power to regulate what consenting adults do sexually and privately.

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Answered on 7/15/04, 2:07 pm


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