Jason aka Djarum said:
Cool Rocking Daddy said:
PEOPLE'S RIGHTS??
Ok. I'll bite. Is Marriage a right? Even Historically?
Historically, that answer is no. Different cultures and societies have different
requirements for marriage. Some are arranged, some are fixed, some require dowries..
Now, you could say who gives a shit about the past. Well, anyone who cares about
rights ought to. Our legal system and judiciary system is founded on
common law. Common law is about precedence or prior precedence.
Fundamentally, in the case of marriage, the judiciary system is at odds with the legisltative system. Marrige is not explicitly defined as a right in the Constitution. In that case, one could look at prior precidence to figure out if marriage is a right. Well, there is no prior precidence here.
Obviously, we will have such precidence with the supreme court rules.
Under the constitution, marriages fell under the laws of the states.
States Rights dictate the requirements to marry or
obtain such license. The act of obtaining a licence in and of itself legally would indicate that the states are granting
privelages, not rights.
So, just because we want something to be a right, that doesn't mean it
legally is a right. Here in the state of Alabama, we are open carry. We can own guns in our homes. It is a
privelage to obtain a carry conceal license, not a right.
So, Peoples Privelages is more accurate in the context of marriage than people's rights. The proper process would to be just to pass a federal ammendment. It would pass 2/3 of the states anyways.