PratchettFan
Gold Member
- Jun 20, 2012
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You don't have a right to a deed or bill of sale.If a marriage license were a "right", it wouldn't need to be granted by the State, it would be inherent to our nature, like speech or property. Rights by definition are limitations on the State from intruding the individual's natural state of freedom. Rights are freedom from interference by other people or the state. Individuals have the right to contract as free and sovereign individuals absent government intrusion. So they can create a "marriage contract", or use whatever word they like to describe the arrangement.Horseshit!''It shouldn't be a question of what an individual "supports", because marriage shouldn't be a function of the State. All individuals have a right to free association and a right to contract. If an individual or multiple individuals want a polygamist arrangement, a same sex arrangement etc, they can do so without a state license through a private ceremony and appropriate assets as they wish through contracts.
You don't have a "right" to a government license, that is a privilege.
I maintain that marriage is a right. Call it a natural right, a human right, or a fundamental right-it matters little. Natural rights are closely associated with human rights –those rights that we enjoy simply by virtue of being human. Rights that cannot be given or taken away by government. Rights are bestowed upon us at birth. So is marriage a human or natural right? There are some who say that since it is sanctioned by government, in that sense it’s not. However, marriage is an ancient institution that predates recorded history and government as we know it, so we can also say that government did not create marriage but simply imposed itself on it and regulated it.
In addition, fourteen times since 1888, the United States Supreme Court has stated that marriage is a fundamental right of all individualshttp://www.afer.org/blog/14-supreme-court-cases-marriage-is-a-fundamental-right/
Furthermore The Legal Information Institute states”Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process. Laws limiting these rights generally must pass strict scrutiny to be upheld as constitutional. Examples of fundamental rights not specifically listed in the Constitution include the right to marry and the right to privacy, which includes a right to contraception and the right to interstate travel” http://www.law.cornell.edu/wex/fundamental_right
Most rights that people enjoy and take for granted in this country, are not specified in the constitution but are legal rights and presumed to be constitutional unless challenged. same Sex marriage has been established by SCOTUS as a legal right.
Still not convinced? Let me ask this….If it’s not a right, what is it? The only possible answer is “privilege” What is a privilege? It’s something that you have to earn. Driving is a privilege. You have to study the rules and take a road test. You do not have to study and take a test to qualify for a marriage license. While both rights and privileges can be forfeited under certain circumstances-commit a crime and lose right to freedom/drive badly and lose your driving privileges-they are by no means the same thing, because the bar, for taking away a right, is set much higher. In addition, as we established above, rights emanate from the fact of being born a human. Privileges do not. We can only conclude that marriage is not a privilege and therefore is a right. When a ten your old asks if she can get married someday, her parent can say “sure” ….unless she means her girlfriend, and then, if she lives in the wrong place she will have to be told “maybe” and it will hurt
So please, please, please, get over it.
A marriage license, where one is granted tax and legal advantages over non-married individuals and unique recognition, is privilege granted by the State, it isn't inherent to the natural state of man.
If property were a right, you wouldn't need a deed or bill of sale.
No more so than you have a right to property.