I'm having a fun discussion about marriage equality on a sports board

My interlocutor suggested the Equal Protection clause of the 14th Amendment only applied to the freedman. I have seen that narrow interpretation made many times.

My first retort is the Constitution is a living document.

My second retort was the Supreme Court invoked the Equal Protection clause of the 14th Amendment to stop the Florida recount in Bush V Gore.

The Supreme Court found in Bush V Gore that recounts in select counties violated the Equal Protection clause of the 14th Amendment because some counties were getting recounts and other counties weren't and it was unfair to those counties.


The Equal Protection clause thus has been interpreted to mean what it says; no person shall be deprived of his rights without due process of law.