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Archive for Tuesday, July 24, 2012

Right to marry?

July 24, 2012

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To the editor:

I’ve noticed several letters talking about “the right to marry.” I thought that I would do a little research on the subject. I don’t find such a right, either in the Declaration of Independence, the Constitution, or any of the writings of the early founders. It seems to me it is a made-up phrase. There does not seem to be a “right” to marry.

Comments

Gotland 1 year, 8 months ago

The whims of enlightened liberals are the new “rights”.

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Armored_One 1 year, 8 months ago

So why are Christians using the Old Testament to validate their argument, since the Old Testament is actually meant for the Jews, not Christians, which are supposed to go more with the New Testament?

Just kind of curious is all...

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ivalueamerica 1 year, 8 months ago

LTE's like this are really ignorant.

If the OP does not understand that our forefather knew they could not foresee every circumstance so created a government with checks and balances an and authority to apply the Constitution, including the Supreme Court, they are missing some education.

If they think because a word does not exist in the Constitution that the Constitution does not possibly cover it, they have failed US Citizenship 101.

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br549 1 year, 8 months ago

one word.............. shakers

I support gay marriage. I believe they have a right to be as miserable as the rest of us. Kinky Friedman

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jonas_opines 1 year, 8 months ago

"He condemns homosexuality and removed two communities off the face of the earth for their participation in 'same-sex' relationships."

Yeah, that god was a great guy, totally worth following and obeying.

It's a good thing I don't believe that is real. He committed a lot of genocide.

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Roland Gunslinger 1 year, 8 months ago

A question for the Christians who believe same sex marriage should be banned based on your religious beliefs:

How would you feel if the Amish were successful in getting electricity and motorized vehicles banned in your state?

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SageonPage 1 year, 8 months ago

People your argument is with God and you will never win that one. Prepare to meet him at the Judgement Seat by studying for that final now by reading the Bible. He condemns homosexuality and removed two communities off the face of the earth for their participation in 'same-sex' relationships.

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Katara 1 year, 8 months ago

I am not sure why opponents of gay marriage think that the word "marriage" is so special as to mean just one thing. We already have many terms for different types of marriage so the term can't be exclusive to just 1 man + 1 woman. Even the 1 man + 1 woman marriage can be modified to mean something different that the standard word. That is why covenant marriages exist. It distinguishes that type of marriage from other types of marriage.

There are marriages that allow the partners to have other partners. Those are called open marriages. There are marriages that allow one partner to have multiple partners. Those are either polygamous or polyandrous marriages depending on which partner gets the extra partners.

And we have gay marriage which consists of same sex partners.

If the term "marriage" had only one fixed definition we would not have so many descriptive terms to identify what kind of marriage people are engaged in.

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SnakeFist 1 year, 8 months ago

There are moral rights and there are legal rights, as the Founders recognized. Ideally, the latter codifies the former, but, when they conflict, moral rights trump law. You have inherent and inalienable moral rights because you are a rational being (or, if you prefer, because you were endowed with them by your creator).

Believe me, you want it this way - you do not want your fundamental moral rights subject to the whim of the majority. So, if marriage is a fundamental moral right, then even a consitutional amendment purporting to deny marriage would be invalid. In short, while the Constitution is the highest legal authority, it is not the highest authority.

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skootermonkey 1 year, 8 months ago

14th Amendment's Equal Protection clause. By denying homosexuals the right to marry, you are, in theory, violating equal protection.

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booyalab 1 year, 8 months ago

No one has the "right" to get married. Marriage would be more accurately described as a restriction on rights. It developed because society has a stake in the union of two people who can reproduce.

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Agnostick 1 year, 8 months ago

deec, those civil contracts you refer to actually have a lot of good in them--no need to get rid of them.

Paraphrasing something from an earlier thread:

http://bit.ly/ySJeuM

No municipal, county, state, or federal office, representative, official, or dignitary should hand out a "marriage license." They should only hand out something like "License of Domestic Partnership" or "Certificate of Civil Union." Such a certificate would be perfectly legal and binding for your doctors, hospitals, lawyers, accountants, government officials at all levels, tax preparers, real estate agents and game wardens.

Those that want an actual piece of paper that says "Marriage Certificate" can consult with the priest, minister, reverend, rabbi, mullah, chief, shaman, witch doctor, tribal council, cruise ship captain, airline pilot, Bodhisattva, or 24-hour-wedding-chapel-Elvis of their choice.

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deec 1 year, 8 months ago

If the constitution has nothing to do with marriage, then we should abolish the concept of the civil contract of marriage and void all existing contracts. Remove all the perks, like survivor benefits and tax deductions. That should save the government a bundle.

Either everyone has rights, or no one has.

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Crazy_Larry 1 year, 8 months ago

Wouldn't a simple fix be to recognize civil unions between gays, which would give them the same benefits as marriage? Just don't call it marriage and everyone can get along. What's wrong with this?

And another thing, why do you care?!? Another case of people who won't mind their own business. Destroying the sanctity of marriage? The divorce rate is 50%. http://www.cdc.gov/nchs/fastats/divorce.htm/

"Why do you look at the speck of sawdust in your brother's eye and pay no attention to the plank in your own eye?"

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Ray Parker 1 year, 8 months ago

States have always restricted marriage, preventing marriages by close relatives or children, plural marriages, or marriage with animals. The U.S. federal government threatened the Mormons using federal troops with mass imprisonment, execution, or deportation unless they agreed, as they did in the 1890 Manifesto, to formally abandon their barbaric practice of polygamy. Today there are still the polygamists, pedophiles, incestors, and zoophiles waiting to demand an end to discrimination against them and their right to marry. There is no safety rail around the abyss at the bottom of the slippery slope, folks.

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rockchalk1977 1 year, 8 months ago

Thirty one states have defined marriage as between one man and one woman by amending their constitutions. A majority of the people in a majority of the states.

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Steven Gaudreau 1 year, 8 months ago

Im a registered Republican, pro gay marriage and pro abortion.

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Number_1_Grandma 1 year, 8 months ago

Just another case of the "Haves" VS the "Have nots".

We can marry but you can't.

Who really gives a rats rectum but a toe tappin' republicans that's who.

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Armored_One 1 year, 8 months ago

Ya know, if I had 10 cents for every quotation mark or apostrophe used on here, I could probably retire... LOL

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RoeDapple 1 year, 8 months ago

Hows come the "Left" wants to take away my 2nd amendment "Right"?

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FalseHopeNoChange 1 year, 8 months ago

You 'have' the right to get "married" if daddy gives the 'bride' away.

Potential 'married' couples need to determine which is the 'bride' so that one of the daddies can fill his heart with joy.

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Roland Gunslinger 1 year, 8 months ago

Everybody has a right to be protected by law regardless.

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mom_of_three 1 year, 8 months ago

So why does a man and a woman have the legal ability to get married, but same sex couples do not? If marriage isn't a right, then why do we not all have the same opportunities?

And why can't loving v Virginia be used to help gay couples wed?
If the supreme court declared marriage is a right, then how can we deny a certain population of our citizens the right to be married based on their sexual orientation?

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rtwngr 1 year, 8 months ago

A right is something that cannot be given or taken away. When the Constitution says "endowed" it means it is provided freely or naturally. It occurs by just being alive. If I have to go to the Court House and obtain a license to marry, this is something the state can take away. Not a right.

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optimist 1 year, 8 months ago

The Supreme Court has overstepped more than once in history. The Supreme Court is not the source of our rights and therefore just because they write an opinion declaring something a right doesn't make it so. Just refer to the recent decision granting the Government rights over your economic activity, the 10th amendment (The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.)be damned...

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jafs 1 year, 8 months ago

Since several people have mentioned the SC decision Loving vs. Virginia, in which marriage was held to be a fundamental right, one would think that people would understand this by now.

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BornAgainAmerican 1 year, 8 months ago

Your civil rights include anything that Libs say are your rights. They make it up as they go. I thought everyone knew that

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FalseHopeNoChange 1 year, 8 months ago

Everything man-made is "made-up" Larry.

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Eybea Opiner 1 year, 8 months ago

It's time to start focusing on really important issues such as our unsustainable deficit spending and national debt, integrity of our national borders, and unemployment, just to name a few.

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kuhusker 1 year, 8 months ago

The Supreme Court case of Loving v Virginia (1967) established that there is a Constitutional right to marriage (even though the Constitution itself doesn't mention the word "marriage")

This is similar to how the Constitution has been held to contain a right to something called "privacy" even though that word as well doesn't appear in the document.

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Benjamin Roberts 1 year, 8 months ago

You are CORRECT, Mr. Miller! Just to be sure, I double-checked your work by going to (http://usconstitution.net/const.html) and performing my own word search. There is no mention of marry, marriage, wed, husband, or wife.

However, there is mention of the now infamous "Union." Sorry folks, it's not the civil one; but, rather "a more perfect union."

How about that?

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Crazy_Larry 1 year, 8 months ago

Larry, Larry, Larry, Larry. You're giving the rest of us a bad name with all this, how shall I put it, dumbness... You researching skills are lacking, to say the least. It's basic stuff, fella. Let me guess, you're 70 years old...am I right?

Here's what two minutes on Google revealed:

In the language of the U.S. Declaration of Independence all [human beings] are "endowed by their Creator with certain unalienable Rights, among these [being]:" Life - (right to life); Liberty (freedom, free will, personal liberty); the pursuit of Happiness (personal fulfillment, professional accomplishment, basic comforts, human pleasures, luxuries, vices, marriage).

And I'll do you one further by pointing to Loving v. Virginia (1967), a civil rights case in which the United States Supreme Court, in a unanimous decision, declared Virginia's anti-miscegenation statute, the "Racial Integrity Act of 1924", unconstitutional, thereby overturning Pace v. Alabama (1883) and ending all race-based legal restrictions on marriage in the United States. In its decision, the court wrote: “Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival...."

I hope I've helped clear things up for you, Larry.

Speaking of life, liberty, and the pursuit of happiness... Let's turn our attention to a more important, and relevant, issue. We need donations to get the truth out and end a little piece of tyranny perpetrated by the state. Open your minds and open your wallets. Go give these people your money.

http://www.kickstarter.com/projects/scorgie/the-culture-high

Namaste.

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