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

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

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

    So a friend of mine posted this on Facebook:
    Barack Obama Ignores The 14th Amendment When It Comes To Same-Sex Marriage Equality Across America

    And it got me thinking. The 14th Amendment states:
    “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    According to Loving v Virginia ([ame=http://en.wikipedia.org/wiki/Loving_v_virginia]Loving v. Virginia - Wikipedia, the free encyclopedia[/ame]), this means that marriage requirements cannot be based on race.

    So does this mean, then, that the right to marriage cannot be restricted based on gender?

    I am interested to see what people think of this.

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

    Quote Originally Posted by Dav View Post
    So a friend of mine posted this on Facebook:
    Barack Obama Ignores The 14th Amendment When It Comes To Same-Sex Marriage Equality Across America

    And it got me thinking. The 14th Amendment states:
    “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    According to Loving v Virginia (Loving v. Virginia - Wikipedia, the free encyclopedia), this means that marriage requirements cannot be based on race.

    So does this mean, then, that the right to marriage cannot be restricted based on gender?

    I am interested to see what people think of this.
    I don't think marriage itself is a right; in fact, I think it's unconstitutional.

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

    Quote Originally Posted by Dav View Post
    So does this mean, then, that the right to marriage cannot be restricted based on gender?
    Directly?
    No, as the case you cited revolves around race, not gender.

    Certainly, should the issue get the SCotUS, this case will be invoked, but it will only be relevant if it can be argued that sexual orientation is of equal 'class' to race, creed, color, religion, etc.

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

    Quote Originally Posted by Ethereal View Post
    I don't think marriage itself is a right; in fact, I think it's unconstitutional.
    Marriage exixts because state laws say so.
    If you repeal the state laws, marriage ceases to exist.
    This, alone, means that marriage is a privilege, not a right, as rights exist independent of an act of creation by the government.

    Note specifically that while a state may allow same-sex couples to marry, this marriage need not be rexongized by other states, and is NOT rexongized by the federal government.

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

    The only argument I can see being made for marriage being a right is through right of contract. As the marriage license is a government issued and recognized contract, and the People have the right to contract, the government should not be able to put terms such as sex requirements upon the contract without infringing upon a person's right to contract.
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    I do not think it would be considered a right under the constitution, though I strongly think gay marriage should be legal and recognized the same as strait marriage. If it takes amending the constitution to make it so, it is one of the few things I would support amending the constitution for.
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    I think it's as much a constitutional right as hetero marriage is. I can't wait until it's legalized across the board and the issue stops cluttering up the political scene where far more important issues need to be addressed.
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Dav View Post
    So a friend of mine posted this on Facebook:
    Barack Obama Ignores The 14th Amendment When It Comes To Same-Sex Marriage Equality Across America

    And it got me thinking. The 14th Amendment states:
    “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

    According to Loving v Virginia (Loving v. Virginia - Wikipedia, the free encyclopedia), this means that marriage requirements cannot be based on race.

    So does this mean, then, that the right to marriage cannot be restricted based on gender?

    I am interested to see what people think of this.
    There is no right to marry a parson of the same gender.

    Now maybe that right should exist, maybe we should create it, however gay-marriage is not today a constitutional right.

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

    Quote Originally Posted by Goobieman View Post
    Marriage exixts because state laws say so.
    Marriage exists because our species has for millions of years valued the relationship which forms and maintains the family above all other relationships.

    Marriage existed long before anything called a "state" was ever dreamed up.

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

    Is marriage a Constitutional right? BTW, the Constitution does not bestow rights.
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