There is no Constitutional basis for Goodridge. When the US ratified the 14th Amendment, they did not possibly conceive, nor did they ever intend, for it to apply to people wishing to marry their own gender. Secondly, the plantiffs in Brown did not intend to change education into something it was not. Finally, while both the right to equality in education and the right to marry are fundamental to human freedom, in the case of Goodrich, the restrictions on marriage apply *equally* to all individuals. You are not permitted to marry your mother. Just because you may *want* to marry your mother, and others don't want to marry their mothers, doesn't mean the State is violating your right to equal protection.
When the Framers wrote the First Amendment, they did not possibly imagine the Internet would ever exist. Does that mean free speech shouldn't apply to the Internet?
The bottom line is that social change has always occured throughout human history and original intent and tradition cannot always be used as a legal defense.
