View Poll Results: Is there an unwritten right to marriage (in the US at least)?

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    10 43.48%
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    12 52.17%
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Thread: Is there an unwritten right to marriage?

  1. #11
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    Re: Is there an unwritten right to marriage?

    If there was an unwritten right, how would you know?
    "A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury." Attributed to Alexander Tytler

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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by disneydude View Post
    It is founded in the idea of the right to life, liberty and the pursuit of happiness. The greater issue before the courts reallhow you can legitimately grant it to one group at the exclusion of others and still comply with equal protection rights.





    hmmmm, a very interesting viewpoint that I have not well explored.

    Thinking is good

    Thom Paine

  3. #13
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    Re: Is there an unwritten right to marriage?

    No. Rights are negative. You do not have a positive right to have the state issue you a piece of paper.

    That being said - that is how rights interplay with the marriage license, certificate, whathaveyou. When it comes to living together, loving together, introducing each other as your spouse, having a ceremony, etc; that you have full rights to. Because rights are negative.

  4. #14
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by PirateMk1 View Post
    There is a absolute right to marriage. As to the state sanctioning it is another thing entirely. The right is based on two fundamental rights, that of association and contract.
    Without state sanctioning or rather recognition of the marriages though, then there really would be no right to it because the state handles the real thing that is protected with that recognition, the spouses from each other and/or from other legally recognized family members when there is a dispute.

    The government recognizes family of any individual within an hierarchy, with spouse being at the highest point of that hierarchy (barring any other contracts that would say otherwise, and many times those require spouse agreement to that reduced position). It places children usually next within that hierarchy (with some exceptions based on age and/or situation), followed by parents and then siblings (again with no other agreements to the contrary and with some exceptions based on issue), and then would be further out relations, aunts, uncles, cousins, inlaws, grandparents, nieces, nephews, and further out.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  5. #15
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by sawdust View Post
    If there was an unwritten right, how would you know?
    Generally based on how the public views marriage for the most part and past cases, particularly within the SCOTUS. The SCOTUS has in fact stated a right to marriage exists within several cases of the past. But since a state has not actually banned marriage/spousal recognition (which is truly what is in contention I suppose, but we only get spousal recognition through marriage), then the SCOTUS has never been faced with that particular question so has not had to address it specifically.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

  6. #16
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by cpwill View Post
    No. Rights are negative. You do not have a positive right to have the state issue you a piece of paper.

    That being said - that is how rights interplay with the marriage license, certificate, whathaveyou. When it comes to living together, loving together, introducing each other as your spouse, having a ceremony, etc; that you have full rights to. Because rights are negative.
    Rights are both positive and negative. You have a right to have a person of your choosing be legally recognized as your closest relation. Without marriage or legal recognition of some kind for a spouse, then that would only allow for those blood related to you (or adopted into your blood family) to be considered as such.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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    Re: Is there an unwritten right to marriage?

    Marriage is a natural right and purely private Act, that is recognized by a State for full faith and credit purposes.

  8. #18
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    Re: Is there an unwritten right to marriage?

    For a large chunk of the population it is an assumed right upon adulthood. For many others, however, people of homosexual or bisexual orientation or individuals with certain sorts of disabilities, you are barred from admission without a second thought.
    Michael J Petrilli-"Is School Choice Enough?"-A response to the recent timidity of American conservatives toward education reform. https://nationalaffairs.com/publicat...-choice-enough

  9. #19
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by roguenuke View Post
    Generally based on how the public views marriage for the most part and past cases, particularly within the SCOTUS. The SCOTUS has in fact stated a right to marriage exists within several cases of the past. But since a state has not actually banned marriage/spousal recognition (which is truly what is in contention I suppose, but we only get spousal recognition through marriage), then the SCOTUS has never been faced with that particular question so has not had to address it specifically.
    So it was written.
    "A democracy cannot exist as a permanent form of government. It can only exist until the majority discovers it can vote itself largess out of the public treasury." Attributed to Alexander Tytler

  10. #20
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by Fiddytree View Post
    For a large chunk of the population it is an assumed right. For many others, however, people of homosexual or bisexual orientation or individuals with certain sorts of disabilities, you are barred from admission without a second thought.
    Which is simply saying that they are being denied legitimate recognition of the actual right to marriage due to unsubstantiated beliefs that this limitation is somehow a benefit to society. It is little different than segregation in the past denying a legitimate, even written right to equal protection based on unsupportable beliefs that such limitations somehow benefited society. Unfortunately, due to how our system is designed, laws that place restrictions upon any of our rights must be challenged in some way first before they can be shown to be violating rights.
    "A woman is like a teabag, you never know how strong she is until she gets in hot water." - Eleanor Roosevelt

    Keep your religion out of other people's marriages.

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