View Poll Results: which are Constitutional rights?

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  • SSM

    12 23.53%
  • polygamy

    0 0%
  • both

    18 35.29%
  • neither

    18 35.29%
  • undecided/other

    3 5.88%
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Thread: the right to marry whoever

  1. #11
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    Re: the right to marry whoever

    Technically, the real answer is "neither." The Constitutional rights at issue are equal protection and due process. The Supreme Court confirmed the obvious conclusion that equal protection requires states to recognize same sex marriages. Due process does as well, although the equal protection argument is more obvious. For polyamorous relationships, the due process argument would probably be stronger than the equal protection argument.

    But, I answered "both" because in layman's terms, anything Constitutional law requires is usually described as a "Constitutional right" even though that is not quite accurate. For example, people say that you have a Constitutional right to have an abortion or to have a lawyer provided for you in a criminal suit, but really those are not Constitutional rights, they're things that states need to allow/provide in order to avoid violating your Constitutional rights to privacy and due process, like the obligation to recognize same sex marriage is.

  2. #12
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    Re: the right to marry whoever

    Quote Originally Posted by Superfly View Post
    Well they are obligated now.
    Yes, but they should not be.... .

  3. #13
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    Re: the right to marry whoever

    Quote Originally Posted by LadyMoonlight View Post
    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?
    Sure. That's whack as **** and gross but sure, assuming all are of age.
    -----MOS 19D = cavalry scout = best damn MOS there is

  4. #14
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    Re: the right to marry whoever

    Quote Originally Posted by Cryptic View Post
    Yes, but they should not be.... .
    Not according to the highest court in the land.
    Quote Originally Posted by Chomsky
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    Quote Originally Posted by Cardinal
    After years of condemning Bill Clinton for being a rapist, Republicans apparently changed their minds about the whole thing and elected one of their own.


  5. #15
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    Re: the right to marry whoever

    Quote Originally Posted by Lutherf View Post
    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.
    Constitution does not grant, but rather, recognizes rights. Also, I think the 9th amendment pretty much dooms your argument.
    -----MOS 19D = cavalry scout = best damn MOS there is

  6. #16
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    Re: the right to marry whoever

    Quote Originally Posted by Superfly View Post
    Not according to the highest court in the land.
    I am aware of that.

    The Supreme Court decision, however, does not preclude me from being right philosophically. (And I am, of course, right).

  7. #17
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    Re: the right to marry whoever

    Quote Originally Posted by Luftwaffe View Post
    Constitution does not grant, but rather, recognizes rights. Also, I think the 9th amendment pretty much dooms your argument.
    The 9th Amendment argument is one of loose constructionism. No originalist would read the 9th that way.

  8. #18
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    Re: the right to marry whoever

    Quote Originally Posted by Cryptic View Post
    I am aware of that. Yet, the Supreme Court decision does not preclude me from being right philosophically.
    Well, congratulations on being on the wrong side of history.

    Changing Attitudes on Gay Marriage | Pew Research Center
    Quote Originally Posted by Chomsky
    It's easy to be a Conservative, until you need help.
    Quote Originally Posted by Cardinal
    After years of condemning Bill Clinton for being a rapist, Republicans apparently changed their minds about the whole thing and elected one of their own.


  9. #19
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    Re: the right to marry whoever

    Quote Originally Posted by Lutherf View Post
    The 9th Amendment argument is one of loose constructionism. No originalist would read the 9th that way.


    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.
    -----MOS 19D = cavalry scout = best damn MOS there is

  10. #20
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    Re: the right to marry whoever

    Quote Originally Posted by mpg View Post
    Do consenting adults have a Constitutional right to marry any other consenting adult? Which of these are Constitutional rights?
    They have any right under the sun to do, whatever they want with each other. They now have the right to get all je privileges meant for matrimony and reproduction. That is a travesty of what the continuation was. But so it goes as the Tralfamadorians would say.

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