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. #21
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by hazlnut View Post
    "Bestow"... LOL

    That's a big word there John Wayne...

    BTW, the duke was a flaming poof... You knew that, right?

    Raymond Burr, James Dean, Cary Grant...
    Yeah, in your wet dreams.
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
    "Fly-over" country voted, and The Donald is now POTUS.

  2. #22
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    To clarify, this isn't about whether or not marriage is a "right". It's about whether discriminating a marriage based on gender is unconstitutional, similar to how doing so based on race is unconstitutional thanks to Loving v. Virginia.

  3. #23
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Dav View Post
    To clarify, this isn't about whether or not marriage is a "right". It's about whether discriminating a marriage based on gender is unconstitutional, similar to how doing so based on race is unconstitutional thanks to Loving v. Virginia.
    Marriage, by its very definiton, is a discrimnatory institution; just like a minority housing grant. If we permit them to exist as such then there is no argument in favor of equal protection.

  4. #24
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    If States control the privilege of who can officially marry and receive benefits then the privilege should apply to all couples. I often hear people say that homosexuals have the right to marry someone of the opposite sex but that is irrelevant, as virtually all state constitutions make no mention of the gender of those to be married; in fact, most constitutions don't mention marriage at all. The exception to this, of course, are the recent amendments via state majority votes or legislative powers. Non-constitutional law is what regulates marriage so the states have the power to create the additional right for homosexuals.

    Modern equal privilege is either applicable to all civil rights situations or it should be tossed out altogether. Marriage is about families and efforts to block legislation granting homosexual couples marriage rights is only in turn damaging their ability to manage their families and raise children in a stable environment.

  5. #25
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Technically, marriage is not a Constitutional right.

    Good reason to get government out.
    "If your opponent is of choleric temperament, seek to irritate him." - Sun Tzu

  6. #26
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    No it is not.
    Quote Originally Posted by Moot View Post
    Benjii likes the protests...he'd be largely irrelevant without them. So he needs to speak where he knows there will be protests against him and that makes him responsible for the protests.
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  7. #27
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Dav View Post
    To clarify, this isn't about whether or not marriage is a "right". It's about whether discriminating a marriage based on gender is unconstitutional, similar to how doing so based on race is unconstitutional thanks to Loving v. Virginia.
    Marital status and familial relation are Federal protected classes, so be careful your argument is unique to gays.

  8. #28
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Equal protection of the law is a constitutional right. Marriage is a form of protection the law offers, so it is constitutionally required that it be applied equally regardless of sexual orientation.

  9. #29
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by obvious Child View Post
    Technically, marriage is not a Constitutional right.

    Good reason to get government out.
    Not really, no, that's not a very good reason at all.

  10. #30
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Dav View Post
    To clarify, this isn't about whether or not marriage is a "right". It's about whether discriminating a marriage based on gender is unconstitutional, similar to how doing so based on race is unconstitutional thanks to Loving v. Virginia.
    Another thought: SCOTUS didn't simply dismiss Texas and Virginia on the reasoning of skin color.

    SOTUS took the time to look into *why* a racial requirement was instituted.

    If the reason behind the racial requirement were valid, interracial marriage would not likely exist today.

    Just because something discriminates against race/sex does not automatically mean it's wrong to do so.

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