mpg
DP Veteran
- Joined
- Oct 22, 2005
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- Libertarian
Do consenting adults have a Constitutional right to marry any other consenting adult? Which of these are Constitutional rights?
I don't care what any consenting adult does with another consenting adult, or adults. It's not my business to peek into their marriage, or their bedroom, and I'd expect the same courtesy from them.
I don't care what any consenting adult does with another consenting adult, or adults. It's not my business to peek into their marriage, or their bedroom, and I'd expect the same courtesy from them.
The correct answer is neither. Marriage as an institution is a right. .
I assume that ANY CONSENTING ADULTS also include brother and sister, mother and son, father and daughter - as long as they are consenting adults, right?
You are missing the core issue.
Sure, consenting adults can do whatever they want behind closed doors. Marriage, however, as a societal definition. No state (society) is obligated to affirm that relationship "X" constitutes a marriage. "X" can be gay marriage, polygamy, or even heterosexual marriage.
Well they are obligated now. :lol:
I assume that ANY CONSENTING ADULTS also include brother and sister, mother and son, father and daughter - as long as they are consenting adults, right?
Yes, but they should not be.... .
Neither.
A "Constitutional Right" indicates a right granted by the Constitution which would make it a "Civil Right". Marriage (an extension of the right to free association) is a natural right and should neither be infringed nor endorsed by the government.
Not according to the highest court in the land.
Constitution does not grant, but rather, recognizes rights. Also, I think the 9th amendment pretty much dooms your argument.
I am aware of that. Yet, the Supreme Court decision does not preclude me from being right philosophically.
The 9th Amendment argument is one of loose constructionism. No originalist would read the 9th that way.
Do consenting adults have a Constitutional right to marry any other consenting adult? Which of these are Constitutional rights?
:shrug:
I think the 9th gives the constitution the ability to evolve with the times. Not everyone agrees with me, I get that. But at the end of the day, I still think that answering "neither" is completely false.
You have to remember that the the Bill of Rights was proffered by the Anti-Federalists as a protection against this type of constructionism. If you're seriously going to look at the issue from the standpoint of intent then that fact alone should be enough to lay the 9th Amendment argument to rest.
The 9th Amendment argument is one of loose constructionism. No originalist would read the 9th that way.
For those against SSM don't worry folks you cannot marry your sister or your gopher.
And it will not lead to that as well, this post is for those that had hope in their hearts.
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