View Poll Results: Is traditional marriage a Constitutional right?

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  • yes

    11 52.38%
  • no

    10 47.62%
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Thread: traditional marriage

  1. #11
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    Re: traditional marriage

    You can have your "traditional" marriage and no one will stop you. In fact no one has ever legitimately tried to stop anyone from getting married because it is traditional the government included.
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    Re: traditional marriage

    Quote Originally Posted by Chomsky View Post
    I'm not a lawyer, so I'm hypothesizing here, but I think you're on the right-track -

    But, I'm not sure if the Court defined marriage as a right, or the struck down gender discrimination in the act of marriage.

    The difference would be: the former would force marriage as a right, while the latter would force non-discrimination in cases where marriage chose to occur.

    There's a difference.
    The Supreme Court declared marriage a right in Loving v. Virginia:

    "Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival.... To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State's citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State."
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    Re: traditional marriage

    Quote Originally Posted by mpg View Post
    This is about a consenting man and a consenting woman who aren't related and are of sound mind and body. Is it a Constitutional right?

    This is not about a church wedding or a private wedding. This is about government marriage.

    I apologize in advance if I haven't made this clear enough.
    Marriage is an extra-constitutional issue. That is, it's not specifically mentioned in the constitution.. Marriage is an institution of family and in many cases, religion. The idea that one would need a license from any gov't to marry anyone is absurd.

    The requiring of a license has its roots in attempts to control who one can marry. For example, historically, to prevent mixed marriages, marriages between a coupe from different religions, or many other reasons to justify social engineering.

    The gov't has no place interfering with something that is extra governmental and extra constitutional.

  4. #14
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    Re: traditional marriage

    Quote Originally Posted by SouthernDemocrat View Post
    It is taken more lightly than it used to because of no fault divorces, not because the government recognizes a marriage.
    Would there be such a thing as "no fault divorce" if government didn't regulate (not just recognize) marriage?

  5. #15
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    Re: traditional marriage

    Quote Originally Posted by mpg View Post
    This is about a consenting man and a consenting woman who aren't related and are of sound mind and body. Is it a Constitutional right?

    This is not about a church wedding or a private wedding. This is about government marriage.

    I apologize in advance if I haven't made this clear enough.
    There is zero, nada, zip, nothing in the U.S. Constitution that addresses marriage in any context, legal, civil, social, religious. This was clearly intended to be one of those issues for the states to regulate as they chose to do so or if they chose to do so.
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    Re: traditional marriage

    Quote Originally Posted by AlbqOwl View Post
    There is zero, nada, zip, nothing in the U.S. Constitution that addresses marriage in any context, legal, civil, social, religious. This was clearly intended to be one of those issues for the states to regulate as they chose to do so or if they chose to do so.
    And what if the federal courts are asked to intervene?
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    Re: traditional marriage

    Quote Originally Posted by AlbqOwl View Post
    There is zero, nada, zip, nothing in the U.S. Constitution that addresses marriage in any context, legal, civil, social, religious. This was clearly intended to be one of those issues for the states to regulate as they chose to do so or if they chose to do so.
    I agree.

    Furthermore, I say that if the People want to consider marriage...of any sort...to be a Constitutional Right, then the Constitution should be amended to confer that right. That's what the Framers did when they agreed to the Bill of Rights. We should not take shortcuts.
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    Re: traditional marriage

    Quote Originally Posted by Unitedwestand13 View Post
    And what if the federal courts are asked to intervene?
    The federal courts should intervene only upon appeal to rule on the extent of the intent and application of the existing law of the state. The court should not be able to rewrite that law or amend it or establish the law it thinks should exist. If a law is ruled unconstitutional, there must be clear and explicit language as to why the existing law violates the existing language and intent of the Constitution and not what the Court thinks the Constitution should say. The Court should always defines the intent and letter of the law that applies.
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  9. #19
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    Re: traditional marriage

    Quote Originally Posted by Occam's Razor View Post
    Marriage is an extra-constitutional issue. That is, it's not specifically mentioned in the constitution.. Marriage is an institution of family and in many cases, religion. The idea that one would need a license from any gov't to marry anyone is absurd.

    The requiring of a license has its roots in attempts to control who one can marry. For example, historically, to prevent mixed marriages, marriages between a coupe from different religions, or many other reasons to justify social engineering.

    The gov't has no place interfering with something that is extra governmental and extra constitutional.


    How long a list have we in what is not specifically mentioned in the constitution?

    Government got involved in marriage in the late middle ages when kings started using it to be bigger kings. It became written law when money became involved.

    It has always been the church who tried to control who would marry.

    If you take away the assets and money equation of marriage, government is irrelevant
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    Re: traditional marriage

    Just thought I'd post this, since your definition of "traditional marriage" is a bit off.....

    What's the Real Definition of 'Traditional Marriage?'*|*Matt Baume

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