Common Sense
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- Nov 2, 2010
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- #21
Nope. There is no power in the US Constitution that makes this STATE amendment Unconstitutional. It is solely a State matter. And the State ruled it Constitutional.
So, do you agree with people voting to deny a right to a certain class of people?
How exactly is it constitutional to deny someone a fundmental right?
Marriage is between a man and a woman. There is no fundamental right for same sex marriages. No discrimination and no injustice. The State has the right to make an Amendment that states JUST that. There is no AUTHORITY in the US Constitution to interfere in this State's business.
By the way dear, if it is a fundamental right for any two adults that love each other to marry, where do you stand on Incestuous marriages. Further why limit marriage to 2 people? What right have you to deny 3 or more loving people from the supposed fundamental right you speak of?
aha, see this is where your argument is flawed. the proposition was put forth to the people to amend the constitution to read that marriage is defined as between a man and woman only. before that, it was not stated anywhere in the state or federal constitution. thus there is actually no fundamental right for a man and woman to marry as well.
"In American Constitutional Law, fundamental rights have special significance under the 14th Amendment to the Constitution. Via the due process and equal protection clauses of that amendment, the Supreme Court has held that some rights are so fundamental, that any law restricting such a right must both serve a compelling state purpose, and be narrowly tailored to that compelling purpose.
While the recognition of such rights have changed over time, they are generally coterminous with the rights listed in the Bill of Rights. Although some of the rights enumerated in the Bill of Rights are currently recognized as fundamental, others statements were included to restrict the government's permission with respect to the privileges granted by Citizens, or more clearly explain one of the many rights each Citizen was born with, declared in the preamble of the United States Bill of Rights. There are exceptions to these amendments; states are not required to obey the Fifth Amendment requirement of indictment by grand jury. Many states choose to have preliminary hearings instead of grand juries. While having power to neither grant nor remove an individual right, the Supreme Court has legally recognized some fundamental rights not specifically enumerated in the Constitution, including:
the right to privacy
the right to marriage
the right to procreation
the right to interstate travel"
so you actually do not have a written right to any of these things, yet the Constitution has been interpreted to afford you these rights.