View Poll Results: which are Constitutional rights?

Voters
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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. #21
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    Re: the right to marry whoever

    Quote Originally Posted by Luftwaffe View Post


    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.
    You have to remember that the the Bill of Rights was proffered by the Anti-Federalists as a protection against this type of constructionism. If you're seriously going to look at the issue from the standpoint of intent then that fact alone should be enough to lay the 9th Amendment argument to rest.

  2. #22
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    Re: the right to marry whoever

    Quote Originally Posted by Lutherf View Post
    You have to remember that the the Bill of Rights was proffered by the Anti-Federalists as a protection against this type of constructionism. If you're seriously going to look at the issue from the standpoint of intent then that fact alone should be enough to lay the 9th Amendment argument to rest.
    And yet that thing is kicking like a mule.
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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.
    It would appear that former Senator, Dr. Tom Coburn, is indeed correct that we need a Constitutional Convention.
    I've got an old thread up on this this but it was pretty well shredded by all Leans.
    My difference with Coburn is that this CC would remain OPEN in perpetuity--as I believe our times necessitate .
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  4. #24
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    Re: the right to marry whoever

    For those against SSM don't worry folks you cannot marry your sister or your gopher.
    And it will not lead to that as well, this post is for those that had hope in their hearts.
    Quote Originally Posted by Erod View Post
    The damage to the black community from all this will be devastating.
    Not only on public perception and reputation, but cops simply won't want to police these neighborhoods anymore.
    The shooter was later found to be white.

  5. #25
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    Re: the right to marry whoever

    Quote Originally Posted by JANFU View Post
    For those against SSM don't worry folks you cannot marry your sister or your gopher.
    And it will not lead to that as well, this post is for those that had hope in their hearts.
    I guess one might think that way, if one didn't know much.

  6. #26
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    Re: the right to marry whoever

    Marriage is not a Constitutional right. Equal treatment under the law is. So if states want to get out of the marriage recognition business I have no problem with that. But if they ARE going to officially recognize marriages then they have to treat everyone equally.

  7. #27
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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?
    Yeah. Your point?
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  8. #28
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    Re: the right to marry whoever

    Quote Originally Posted by Redress View Post
    The correct answer is neither. Marriage as an institution is a right. To deny a right, states have to have a good reason, and SCOTUS found they did not in the case of SSM. I am not familiar enough with polygamy to really comment on whether the states have a good reason to deny it.
    Sorry but you are wrong. Loving v. Virginia recognized marriage as a fundamental right (in the context of inter-racial marriage). The SCOTUS today reaffirmed that right in the context of gay marriage.

  9. #29
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    Re: the right to marry whoever

    Quote Originally Posted by Cryptic View Post
    You are missing the core issue.

    Sure, consenting adults can do whatever they want behind closed doors. Marriage, however, as a societal definition. No state (society) is obligated to affirm that relationship "X" constitutes a marriage. "X" can be gay marriage, polygamy, or even heterosexual marriage.



    No, marriage is a courtesy that society as a whole uses to define some relationships. Affirmation by a society that particular relationship (gay, hetersosexual, polygamous, "poly amourous") meets the societal definition of "marriage" is not a right.

    Rather, it is just another example of people thinking that:
    - I like social policy "X"
    -Ergo, people have a right to the benefits of social policy "X".
    That's only part of the equation. SSM remains highly unpopular in certain places, yet it's a legal right there. In addition, SCOTUS could've made this ruling back in 2004 (like the iowa supreme court), in spite of any lack of 'affirmation'. The whole point of equal protection is that it not be at the mercy of a mob

  10. #30
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    Re: the right to marry whoever

    There's nothing inherently wrong with polygamy, as long as it's consensual. The nature of polygamous relationships suggest that many times, they are not consensual for everyone involved. Regardless, it doesn't matter because no one is pushing for polygamous unions and they only reason we're discussing this at all is because the right-wing likes to point at gay marriage as a slippery slope towards polygamy as a scare tactic.
    Social democrat is no longer an accurate description of my views.

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