View Poll Results: Is Gay Marriage a Constitutional Right in the U.S.?

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  • Yes

    41 47.67%
  • No

    40 46.51%
  • Other/Don't know

    5 5.81%
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Thread: Is Gay Marriage a Constitutional Right in the U.S.?

  1. #271
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by bub View Post
    And a law legalizing gay marriage would be OK then?
    On the federal level?

    No, the Constitution does not authorize the federal government to regulate marriage.

    The Full Faith and Credit Clause, however, adamantly requires that Kansas give equal standing to all marriages performed in every other state, regardless of what toys nature gave the loving couple to play with.
    Last edited by Scarecrow Akhbar; 10-27-09 at 04:15 PM.

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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    Just as a side note... CA is not the most liberal state in the union. We've voted for Republican presidents about half of the time and Democrats about half of the time. We have a Republican governor.
    We have a RINO governor, a Kennedy.

    Quote Originally Posted by teamosil View Post
    More people in CA voted for McCain than in any other state.
    There's more people in CA than any other state, so your statement lacks meaning.

  3. #273
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    Full faith and credit clause doesn't apply because states are allowed to have their own laws.
    Full Faith and Credit Clause:

    "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. "


    A marriage is a public act, just like a driver's license is.

  4. #274
    Banned Goobieman's Avatar
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Scarecrow Akhbar View Post
    Full Faith and Credit Clause:

    "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. "

    A marriage is a public act, just like a driver's license is.
    That must mean my OH CCW is valid in MA and CT and HI.

  5. #275
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    If no one is being jailed for an action, they are not being deprived of their liberty.
    Not, that's not right. They go into it in more detail in the whole decision at that URL, but the section I quoted says explicitly what liberty they are referring to: "The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. 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."

  6. #276
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Scarecrow Akhbar View Post
    Full Faith and Credit Clause:

    "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. "


    A marriage is a public act, just like a driver's license is.
    I doesn't apply if the state's laws do not allow, or are fundamentally different that the original state. Goob's example is a good one. Having a Carry Conceal permit on one state doesn't allow you to carry in other states unless they have a reciprocal agreement.
    Having a permit for Medical marijuana doesn't allow a person to smoke in a state where it's illegal.
    From the ashes.

  7. #277
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    Not, that's not right. They go into it in more detail in the whole decision at that URL, but the section I quoted says explicitly what liberty they are referring to: "The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discriminations. 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."
    Who's freedom of choice to marry is being restricted? People can marry as they see fit. They will not be arrested for that action. That is the point Jerry has been alluding to in his very cryptic fashion.
    The point at issue with the same sex marriage is whether they should receive the privileges the government automatically grants to opposite sex marriages. (privileges that many including myself would claim shouldn't be granted in either case) It is a vastly different situation.

    If a state quit issuing marriage certificates would people rights be violated?
    From the ashes.

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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    If a state quit issuing marriage certificates would people rights be violated?
    Or, if a state repealed all its laws regarding marraige, refusing to recognize all aspects of all marriages, would people's rights be viuolated?

    No -- because marriage is a legal status created by the state, and, as such, is necessarily a privilege conferred by, not a right.

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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Goobieman View Post
    Or, if a state repealed all its laws regarding marraige, refusing to recognize all aspects of all marriages, would people's rights be viuolated?

    No -- because marriage is a legal status created by the state, and, as such, is necessarily a privilege conferred by, not a right.
    And the likelyhood of the state repealing marriage rights laws is what?

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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by winston53660 View Post
    And the likelyhood of the state repealing marriage rights laws is what?
    Irrelevant - my statement is sound.

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