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Thread: Federal Gay Marriage Ban Is Ruled Unconstitutional

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    This is true -- but if the institution exists only because of the actions of the state that created it, then said institution cannot be a right.
    Essentially, the right involved here would be the right to enter into a contract, correct?
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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    This is true -- but if the institution exists only because of the actions of the state that created it, then said institution cannot be a right.
    The institution has been around for melenia, so of course the State was going to define how it was going to regard marriage when the state came around.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    Yes. This is why marriage, as a legal institutun, is a privilege.
    Except that SCotUS has determined it to be a right.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by jallman View Post
    Except that SCotUS has determined it to be a right.
    Which is stupid, IMO, but as long as they've done so they've pretty much shot themselves in the foot regarding the current discrimination practices.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by rivrrat View Post
    Which is stupid, IMO, but as long as they've done so they've pretty much shot themselves in the foot regarding the current discrimination practices.
    It's right there in Article I of the constitution...that we have the right to contract. It was there long before SCotUS ruled on it.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Tucker Case View Post
    Essentially, the right involved here would be the right to enter into a contract, correct?
    If that were the case, and there were not more to it than that, why then cannot people enter ito the marriage contract in states that do not allow gay marriage?

    The right to enter into a contract does not include the right to enter into ANY contract.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Jerry View Post
    The institution has been around for melenia, so of course the State was going to define how it was going to regard marriage when the state came around.
    You can say you are married to whomever you want - if you aren't married according to the laws that create the legal institution or marriage, you arent legally married.

    Given that the entire issue revolves around marriage as a legal institition, no other context need be considered.

    If you can only enter into a legal condtion because the state created that legal condition and conditionally allows you to enter it, then there's no way to soundly argue that you have a right to enter into said legal condition.
    Last edited by Goobieman; 07-09-10 at 01:50 PM.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    If that were the case, and there were not more to it than that, why then cannot people enter ito the marriage contract in states that do not allow gay marriage?
    From what I can tell, the way this is all set up, the States aren't actually allowed to ban gay marriage, per se. They can merely define the legal term "marriage" as it exists in the marriage contract.
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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Quote Originally Posted by Goobieman View Post
    If that were the case, and there were not more to it than that, why then cannot people enter ito the marriage contract in states that do not allow gay marriage?

    The right to enter into a contract does not include the right to enter into ANY contract.
    Once again it has become necessary to point out that no right is absolute, universal or without limit. You have the right o free speech, that doesn't mean you can threaten the President. You have the right to free religious practice, that doesn't mean you can sacrifice humans or animals. You have the right o keep and carry, that doesn't mean you can have a missile. You have the right to marry, that doesn't mean your daughter is on the market. etc, etc, ad nauseoum.

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    Re: Federal Gay Marriage Ban Is Ruled Unconstitutional

    Sounds to me that this is a Peoples Republic of Mass deal......I would not worry to much about it....Prop 8 will end up in the SCOTUS and will be upheld by a 5 to 4 vote....Hopefully that will end it..........
    "God Bless Our Troops in Harms Way."

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