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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Thread: Is there an unwritten right to marriage?

  1. #1
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    Is there an unwritten right to marriage?

    Is it reasonable at all that a state in the US could simply get rid of marriage in that state? I am talking completely refuse to recognize any marriages at all, opposite sex or same sex, also refusing to recognize spouse as a legal family relationship. Could any state legitimately just stop issuing marriage licenses of any kind, remove all recognition of legal spouses from laws and only recognize blood relationships (and adopted children)?

    From my viewpoint, I don't think this could logically be done without serious repercussions that would easily allow for people to take such a thing to court. I believe it would be like a state banning driver licenses and, in so doing, essentially banning anyone to drive private vehicles (at least) on public roads. Because just like marriage licenses, there really is no right written anywhere for people to drive, but banning that ability would cause an undue burden on major portions of the population, just as banning marriage in any part of the US would as well. There simply must be some form of legal recognition for legal spouse as being a person's legal family as long as we, as a society recognizes any legal relations as more important legally within a person's life to any other non-legal relationships. And by calling the process of getting to there "marriage", then that means that there simply is a "right to marriage". It would be set as part of the right of people to be able to choose their relationships and how close those relationships are legally tied to that person.

    Now, I realize that the likelihood of marriage going away in the US anytime in the next century is probably extremely small, just due to the massive support marriage honestly does have as an institution within our society and in fact our lives as a species. I also realize that there are small groups of people who think marriage should be done away with (although I strongly believe that the real issue for them is what they perceive as "goodies"/"bennies" that marriage grants people rather than doing away with what marriage truly does for us, which would be granting that legal relationship claim of "spouse" for two people toward each other, just as adoption grants a legal relationship claim over a child as "parent" and a legal claim to the child to their adopted parents).

    So what do you think? Does the fact that legal marriage being banned by a state would create an extreme undue hardship on people when it comes to their personal relationships mean that marriage would in fact be a right, just not one specified? Or is there simply no real right to have anyone claimed as family legally?
    "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?

    It is founded in the idea of the right to life, liberty and the pursuit of happiness. The greater issue before the courts really is how you can legitimately grant it to one group at the exclusion of others and still comply with equal protection rights.
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    Re: Is there an unwritten right to marriage?

    I would say there is because our culture supports that right. It's something I am willing to bet people would fight to retain the right for.

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    Re: Is there an unwritten right to marriage?

    There never has been a "right" to marriage, and the so-called "bennies" of marriage already vary from state to state and have changed over the years. It one of those questions that boils down to what if the impossible were to happen.

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    Re: Is there an unwritten right to marriage?

    I am assume it is not written but is supported through common law.

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    Re: Is there an unwritten right to marriage?

    There's no right to marriage, unwritten or otherwise. There are plenty of people who are legally unable to get married, even outside of the gay marriage issue. However, there is a quite clearly written right of equality and that's what's being denied to gays right now.
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by roguenuke View Post
    Is it reasonable at all that a state in the US could simply get rid of marriage in that state? I am talking completely refuse to recognize any marriages at all, opposite sex or same sex, also refusing to recognize spouse as a legal family relationship. Could any state legitimately just stop issuing marriage licenses of any kind, remove all recognition of legal spouses from laws and only recognize blood relationships (and adopted children)?

    From my viewpoint, I don't think this could logically be done without serious repercussions that would easily allow for people to take such a thing to court. I believe it would be like a state banning driver licenses and, in so doing, essentially banning anyone to drive private vehicles (at least) on public roads. Because just like marriage licenses, there really is no right written anywhere for people to drive, but banning that ability would cause an undue burden on major portions of the population, just as banning marriage in any part of the US would as well. There simply must be some form of legal recognition for legal spouse as being a person's legal family as long as we, as a society recognizes any legal relations as more important legally within a person's life to any other non-legal relationships. And by calling the process of getting to there "marriage", then that means that there simply is a "right to marriage". It would be set as part of the right of people to be able to choose their relationships and how close those relationships are legally tied to that person.

    Now, I realize that the likelihood of marriage going away in the US anytime in the next century is probably extremely small, just due to the massive support marriage honestly does have as an institution within our society and in fact our lives as a species. I also realize that there are small groups of people who think marriage should be done away with (although I strongly believe that the real issue for them is what they perceive as "goodies"/"bennies" that marriage grants people rather than doing away with what marriage truly does for us, which would be granting that legal relationship claim of "spouse" for two people toward each other, just as adoption grants a legal relationship claim over a child as "parent" and a legal claim to the child to their adopted parents).

    So what do you think? Does the fact that legal marriage being banned by a state would create an extreme undue hardship on people when it comes to their personal relationships mean that marriage would in fact be a right, just not one specified? Or is there simply no real right to have anyone claimed as family legally?
    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.
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  8. #8
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    Re: Is there an unwritten right to marriage?

    Quote Originally Posted by clownboy View Post
    There never has been a "right" to marriage, and the so-called "bennies" of marriage already vary from state to state and have changed over the years. It one of those questions that boils down to what if the impossible were to happen.
    Which I covered in my OP. The entire point is that the main thing marriage does is make two people legal family, and specifically each other's closest legal relative, holding a higher place in law than either parents or children of those two people in hierarchy (unless other contracts are written to override that place). That is the thing that marriage does for everyone and that cannot be replaced by other contracts. The "bennies" are completely pointless when it comes to individual states, since the majority of bennies are federal and I specifically addressed just a state banning it, not a federal ban on recognition for a reason. States issue marriage licenses, not the federal government, however the federal government relies much more on those state recognized relationships than the states do.
    "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.

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

    Is there an unwritten right to marriage (in the US at least)?
    SCOTUS says yes.

    Marriage in the United States - Wikipedia, the free encyclopedia

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

    Quote Originally Posted by Cephus View Post
    There's no right to marriage, unwritten or otherwise. There are plenty of people who are legally unable to get married, even outside of the gay marriage issue. However, there is a quite clearly written right of equality and that's what's being denied to gays right now.
    Despite popular belief, rights have limits. I have a right to free speech, but that doesn't mean I have a right to speak anywhere I want about whatever I want and expect no repercussions from what I say, even some legal ones depending on what exactly I say. I have a right to own firearms, but that is very limited (even if I believe with others that it is too limited in many places).

    Even written rights within our Constitution have limits based on other laws and how those restrictions benefit society or not.
    "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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