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Well is marriage in your opinion fundamental or isn't it? We already know that the law says it's between two people, but that's a substantive interpretation. You're logic essentially states that because the courts say so in Perez v Sharp it is so..
Answer the question. Is marriage a fundamental right or isn't it?
Tim-
I believe the courts have designated our right to contract to be fundamental. I confess not really knowing or caring whether it is fundamental or constitutional...nor can I make myself care enough to research the difference.
My point is that there are basic differences between marriage and a polygamous relationship that are separate from gender issues. Namely, that when you involve more than two people, the joint power of attorney privileges become more and more complex and a heirarchy begins to takes shape. In this structure, it becomes a given that certain "partners" will fall lower and some will rise higher in the power structure, completely negating the mutual responsibility and decision making legal equality that a marriage insists.
In essence, the contracted become members of a corporate structure rather than an unlimited partnership. :shrug:
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