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. #281
    Sage

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

    Quote Originally Posted by Goobieman View Post
    Irrelevant - my statement is sound.
    Only in your fantasy world.

  2. #282
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by winston53660 View Post
    Only in your fantasy world.
    Were you going to counter my argument - that, because marriage is a legal status created by the state, it is necessarily not a right, but instead a privilege conferred by the state - or were you just going to attack me?

    I'll bet the latter, as I know you cannot pull off the former.
    Last edited by Goobieman; 10-27-09 at 05:31 PM.

  3. #283
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    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.
    Your argument that marriage is a priviledge and therefore not constituationally protected is incorrect.

    The 14th amendment reads:

    "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ... without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    Quote Originally Posted by Phoenix View Post
    If a state quit issuing marriage certificates would people rights be violated?
    No. If a state stopped recognizing marriage completely that would not be a violation of equal protection. If they don't recognize marriages for some people, but do for other people, then yes, it is violating equal protection which is a fundamental right we have. You don't have a right to marry, you have a right to equal protection of the law.

  4. #284
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Goobieman View Post
    Were you going to counter my argument - that, because marriage is a legal status created by the state, it is necessarily not a right, but instead a privilege conferred by the state - or were you just going to attack me?

    I'll bet the latter, as I know you cannot pull off the former.
    What you are proposing will never happen. It is like what if pigs grew wings.

  5. #285
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Bodhisattva View Post
    Looks like you other posts regarding our loss of freedoms is mere "Projection".
    No, its a definete fact. 100% certainty.
    Europe is illegally occupied by the US

  6. #286
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    Your argument that marriage is a priviledge and therefore not constituationally protected is incorrect.
    My argument is that the Loving ruling doesn't apply to Same sex marriage.
    I have stated that I understand the debate from an equal protection standpoint.
    From the ashes.

  7. #287
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    My argument is that the Loving ruling doesn't apply to Same sex marriage.
    I have stated that I understand the debate from an equal protection standpoint.
    Loving determined that marriage is covered by equal protection for level protected classes. The court has not ruled yet whether sexual orientation is a protected class. So, to overturn the anti gay marriage laws they would either need to rule that laws against gay marriage discriminate based on gender, or they would need to rule that sexual orientation is now a level one protected class. So, Loving by itself does not prohibit anti gay marriage laws, but it provides the framework for them to examine the question.

  8. #288
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by winston53660 View Post
    What you are proposing will never happen.
    Irrelevant.

    My argument, the one you continue to dodge, is that, because marriage is a legal status created by the state, it is necessarily not a right, but instead a privilege conferred by the state.

    Now, were you going to try to counter that, or continue to dodge it?

  9. #289
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    Haha, are you serious? You couldn't even defeat Prop 8 in the most liberal state in the union. Give me a break.
    Citing Prop 8 is hardly a good "litmus test," as you put it, to support your claim that the majority of the country is against homosexuality. You made the claim, so back it up with real facts and figures.

    “Liberty means responsibility. That is why most men dread it.” ~George Bernard Shaw

  10. #290
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    Loving determined that marriage is covered by equal protection for level protected classes. The court has not ruled yet whether sexual orientation is a protected class. So, to overturn the anti gay marriage laws they would either need to rule that laws against gay marriage discriminate based on gender, or they would need to rule that sexual orientation is now a level one protected class. So, Loving by itself does not prohibit anti gay marriage laws, but it provides the framework for them to examine the question.
    Quote Originally Posted by from ruling
    These convictions must be reversed.

    It is so ordered.
    This is the part of Loving that is different from the same sex situation today. There are no convictions to be overturned because no criminal convictions exist. Without that, Loving would never have happened.

    "The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious gender specific discriminations. Under our Constitution, the freedom to marry, or not marry, a person of the same gender resides with the individual and cannot be infringed by the State. "

    Applying the same sex to the Loving ruling results in a statement that is true for same sex couples. They may marry who they like. (or not)
    From the ashes.

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