Gay Marriage: It's A Constitutional Right!

[bodecea]

The issue needs to both go in a different direction and move out of the kangaroo courts.

Because you didn't get your way?

Exactly

 

[bodecea]

Marriage is not a "right".

It is.

 

[Kosh]

Marriage is not a "right".

It is.

No it is not!

 

[Silhouette]

Marriage is not a "right".

It is.

No it is not!

Correct, it is not a right. The 10th circuit put a say on their own decision. These lower courts are punting for clarity to the Supreme Court. They've read Windsor and they want the Supreme Court to clarify for the public that states have a right to decide on marriage.

If the 10th felt gay marriage was a right, they would not have put a stay on their own decision. Poor prognosis for the 14th applying to the cult of LBGT I'm afraid...

 

[Kosh]

For all that think certain things are rights (especially the far left)

Things That Are Not In the U.S. Constitution

Have you ever heard someone say, "That's unconstitutional!" or "That's my constitutional right!" and wondered if they were right? You might be surprised how often people get it wrong. You might also be surprised how often people get it right. Your best defense against misconception is reading and knowing your Constitution.

... big snip...

Here is one that will open your eyes that you think is aright, but really isn'The Right To Vote

The Constitution contains many phrases, clauses, and amendments detailing ways people cannot be denied the right to vote. You cannot deny the right to vote because of race or gender. Citizens of Washington DC can vote for President; 18-year-olds can vote; you can vote even if you fail to pay a poll tax. The Constitution also requires that anyone who can vote for the "most numerous branch" of their state legislature can vote for House members and Senate members.

Note that in all of this, though, the Constitution never explicitly ensures the right to vote, as it does the right to speech, for example. It does require that Representatives be chosen and Senators be elected by "the People," and who comprises "the People" has been expanded by the aforementioned amendments several times. Aside from these requirements, though, the qualifications for voters are left to the states. And as long as the qualifications do not conflict with anything in the Constitution, that right can be withheld. For example, in Texas, persons declared mentally incompetent and felons currently in prison or on probation are denied the right to vote. It is interesting to note that though the 26th Amendment requires that 18-year-olds must be able to vote, states can allow persons younger than 18 to vote, if they chose to.

Marriage

In 2004, a lot of controversy began to swirl around the topic of marriage as homosexual marriage entered the news once again. In 1999, the Vermont Supreme Court ordered that the state must make accommodations for gay unions, bringing the issue into the public eye. Vermont created civil unions as a result. In 2004, the Massachusetts Supreme Court went a step further, and ruled that the state must accommodate not just an institution equal to marriage, as civil union was designed to be, but that gay marriage itself must be offered in the state. Subsequently, mayors in New York and California began to offer gay marriage in their towns and cities, citing civil rights concerns. Those opposed to gay marriage began to urge that an amendment to the Constitution be created to define marriage as being between a man and a woman only. Opponents of the amendment pointed to the failed Prohibition Amendment as a reason why such social issues should stay out of the Constitution. In the absence of any such amendment, however, marriage is not mentioned in the Constitution at any point.

Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net

 

[GreenBean]

No a far left blog site disagrees with me.

Point to it in the Constitution.

Marriage is not a "right".

Government should not be in the marriage business.

Incorrect.

The right to marry can be found here in the Constitution:

More recent decisions have established that the right to marry is part of the fundamental "right of privacy" implicit in the Fourteenth Amendment's Due Process Clause. In Griswold v. Connecticut (1965), the Court observed: "We deal with a right of privacy older than the Bill of Rights - older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."

Cases subsequent to Griswold and Loving have routinely categorized the decision to marry as among the personal decisions protected by the right of privacy.

ZABLOCKI v. REDHAIL, 434 U.S. 374 (1978)

Marriage is not a "right" no matter how the far left wants to spin it.

Next the far left will posting that driving is a "right".

Actually , their next hurdle will be the age of consent laws along with parental control over their offspring -

They've already been chiseling away at your right to determine what's best for your family, within a few years they'll be demanding the right to fornicate with younger and younger victims. Their designs are on the Children and the futiure.

 

[C_Clayton_Jones]

Marriage is not a "right".

It is.

No it is not!

Then cite the case law indicating it is not.

Absent that, it is in fact a right.

Remember that the Constitution exists only in the context of its case law, as determined by the Supreme Court.

“But that's not in the Constitution” is a failed and ignorant 'argument.'

 

[C_Clayton_Jones]

It is.

No it is not!

Correct, it is not a right. The 10th circuit put a say on their own decision. These lower courts are punting for clarity to the Supreme Court. They've read Windsor and they want the Supreme Court to clarify for the public that states have a right to decide on marriage.

If the 10th felt gay marriage was a right, they would not have put a stay on their own decision. Poor prognosis for the 14th applying to the cult of LBGT I'm afraid...

Incorrect.

The Tenth Circuit Court of Appeals reaffirmed the right to marry as codified by the Constitution, where the states may not deny same-sex couples access to marriage law:

Last year the Court entertained the federal aspect of the issue in striking down § 3 of the Defense of Marriage Act (“DOMA”), United States v. Windsor, 133 S. Ct. 2675 (2013), yet left open the question presented to us now in full bloom: May a State of the Union constitutionally deny a citizen the benefit or protection of the laws of the State based solely upon the sex of the person that citizen chooses to marry?

Having heard and carefully considered the argument of the litigants, we conclude
that, consistent with the United States Constitution, the State of Utah may not do so. We
hold that the Fourteenth Amendment protects the fundamental right to marry, establish a
family, raise children, and enjoy the full protection of a state’s marital laws. A state may
not deny the issuance of a marriage license to two persons, or refuse to recognize their
marriage, based solely upon the sex of the persons in the marriage union. For the reasons
stated in this opinion, we affirm.

https://www.ca10.uscourts.gov/opinions/13/13-4178.pdf

The right to marry is fundamental, consequently the states may not violate the right of American citizens to marry who happen to reside within their jurisdictions, whether same- or opposite-sex.

 

[jillian]

The issue needs to both go in a different direction and move out of the kangaroo courts.

what kangaroo court?

 

[C_Clayton_Jones]

The issue needs to both go in a different direction and move out of the kangaroo courts.

what kangaroo court?

The Supreme Court, of course.

 

[Nutz]

This is all nonsense. Gays don't want to marry...they just want to legitimize poor behavior. It is sort of like a German denouncing Jew hate and supplying Jew hating muslims arms and ammunition.

 

[bripat9643]

Federal Court Rules That Gay Couples Have Constitutional Right To Marry

DENVER (AP) — A federal appeals court ruled for the first time Wednesday that gay couples have a constitutional right to marry, extending the movement's legal winning streak and bringing the issue a big step closer to the U.S. Supreme Court.

The three-judge panel in Denver ruled 2-1 that states cannot deprive people of the fundamental right to marry simply because they choose a partner of the same sex.The court dismissed as "wholly illogical" the notion that allowing gays to wed could somehow undermine traditional marriage.

So they found some homosexual judges who were willing to ignore what the Constitution actually says? Big surprise there.

 

[PaintMyHouse]

Federal Court Rules That Gay Couples Have Constitutional Right To Marry

DENVER (AP) — A federal appeals court ruled for the first time Wednesday that gay couples have a constitutional right to marry, extending the movement's legal winning streak and bringing the issue a big step closer to the U.S. Supreme Court.

The three-judge panel in Denver ruled 2-1 that states cannot deprive people of the fundamental right to marry simply because they choose a partner of the same sex.The court dismissed as "wholly illogical" the notion that allowing gays to wed could somehow undermine traditional marriage.

So they found some homosexual judges who were willing to ignore what the Constitution actually says? Big surprise there.

Actually they are more accurately enforcing the Constitution. It has within in it that worthless little Liberal notion that we are all Equal Before The Law, although that certainly wasn't true at the time but we're workin' on it.

 

[DiamondDave]

Marriage is not a "right".

Fourteen Supreme Court cases disagree with your opinion.

14 Supreme Court Cases: Marriage is a Fundamental Right | American Foundation for Equal Rights

Yet none can show in the constitution where it is a constitutional right...

You have the freedom to be with whomever you want... but no specific constitutional right to marry...

And hence why, government needs to get its grubby hands out of the marriage business, which it simply uses as a political hot topic for power grabs in elections, and another means to tax....

 

[Seawytch]

Marriage is not a "right".

Fourteen Supreme Court cases disagree with your opinion.

14 Supreme Court Cases: Marriage is a Fundamental Right | American Foundation for Equal Rights

No a far left blog site disagrees with me.

Point to it in the Constitution.

Marriage is not a "right".

Government should not be in the marriage business.

Can you point to the section of the Constitution that says you have a right to procreate or to use contraception? How about the part of the Constitution that says I have the right to interstate travel? Can you point to that?

Do you believe that the only rights you have are strictly enumerated in the Constitution?

Can you tell me how many times you've contacted your legislator to tell him you want to do away with civil marriage? Did he/she laugh at you?

 

[Seawytch]

For all that think certain things are rights (especially the far left)

Things That Are Not In the U.S. Constitution

Have you ever heard someone say, "That's unconstitutional!" or "That's my constitutional right!" and wondered if they were right? You might be surprised how often people get it wrong. You might also be surprised how often people get it right. Your best defense against misconception is reading and knowing your Constitution.

... big snip...

Here is one that will open your eyes that you think is aright, but really isn'The Right To Vote

The Constitution contains many phrases, clauses, and amendments detailing ways people cannot be denied the right to vote. You cannot deny the right to vote because of race or gender. Citizens of Washington DC can vote for President; 18-year-olds can vote; you can vote even if you fail to pay a poll tax. The Constitution also requires that anyone who can vote for the "most numerous branch" of their state legislature can vote for House members and Senate members.

Note that in all of this, though, the Constitution never explicitly ensures the right to vote, as it does the right to speech, for example. It does require that Representatives be chosen and Senators be elected by "the People," and who comprises "the People" has been expanded by the aforementioned amendments several times. Aside from these requirements, though, the qualifications for voters are left to the states. And as long as the qualifications do not conflict with anything in the Constitution, that right can be withheld. For example, in Texas, persons declared mentally incompetent and felons currently in prison or on probation are denied the right to vote. It is interesting to note that though the 26th Amendment requires that 18-year-olds must be able to vote, states can allow persons younger than 18 to vote, if they chose to.

Marriage

In 2004, a lot of controversy began to swirl around the topic of marriage as homosexual marriage entered the news once again. In 1999, the Vermont Supreme Court ordered that the state must make accommodations for gay unions, bringing the issue into the public eye. Vermont created civil unions as a result. In 2004, the Massachusetts Supreme Court went a step further, and ruled that the state must accommodate not just an institution equal to marriage, as civil union was designed to be, but that gay marriage itself must be offered in the state. Subsequently, mayors in New York and California began to offer gay marriage in their towns and cities, citing civil rights concerns. Those opposed to gay marriage began to urge that an amendment to the Constitution be created to define marriage as being between a man and a woman only. Opponents of the amendment pointed to the failed Prohibition Amendment as a reason why such social issues should stay out of the Constitution. In the absence of any such amendment, however, marriage is not mentioned in the Constitution at any point.

Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net

Did your google search have you come across Fundamental Rights at any point?

Try it.

 

[C_Clayton_Jones]

Federal Court Rules That Gay Couples Have Constitutional Right To Marry

DENVER (AP) — A federal appeals court ruled for the first time Wednesday that gay couples have a constitutional right to marry, extending the movement's legal winning streak and bringing the issue a big step closer to the U.S. Supreme Court.

The three-judge panel in Denver ruled 2-1 that states cannot deprive people of the fundamental right to marry simply because they choose a partner of the same sex.The court dismissed as "wholly illogical" the notion that allowing gays to wed could somehow undermine traditional marriage.

So they found some homosexual judges who were willing to ignore what the Constitution actually says? Big surprise there.

How in fact do you know they're "homosexual"?

Were in the constitution does it actually say there's no right to marry?

 

[September]

Even though this isn't very relevant to me...

This is awesome

 

[Seawytch]

Know what's cool? About half of America agrees that it is a right...

http://www.washingtonpost.com/polit...37e87e-a3e5-11e3-a5fa-55f0c77bf39c_story.html

 

[NYcarbineer]

The issue needs to both go in a different direction and move out of the kangaroo courts.

Because you didn't get your way?

No, because she's a mental retard who's yet to make an intelligent post on this board.