Marriage is NOT a Constitutional Right!

Things that are NOT in the U.S. Constitution

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.

the 14th Amendment

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It seems like they're trying to MAKE a law, regarding same sex marriage, based on this part of Section 1

nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

The problem is that the gay community is not being deprived of "life, liberty, or property". Certainly not in this aspect

Its Citizenship Clause provides a broad definition of citizenship that overruled the Supreme Court's ruling in Dred Scott v. Sandford (1857) that had held that people of African descent could not be citizens of the United States.

So, does anyone want to point out WHY the 14th Amendment is being used in the Proposition 8 case? And, no one is saying 'gays' aren't allowed to become CITIZENS of the United States; so, what does marriage (gay or straight) have to do with the 14th Amendment? And, why do we always scream about and hide behind: "Constitutional Rights"?

An appeals court in California has declared that the state's gay marriage ban, Proposition 8, violates the 14th Amendment.Source

The only violation i see, is the violation of Earth's LAWS; the LAW of seed time and harvest: Reproduction!

Oooo.. expect some flaming for that last line there.

I believe in a little thing called 'minding my own damn business'. More people should try it.

It should be a national policy.

The funny thing here is, if there was a law saying, oh, i dunno, Christians are not allowed to get married, but all others can, the crying from the thumpers would drown out a sonic boom....

Just to try to answer the question without taking a side, I would hazard the guess that it's the "nor deny to any person within its jurisdiction the equal protection of the laws". Married couples enjoy several legal benefits under the law, so legally speaking same sex couples should be able to enjoy those same benefits.

Again, not taking sides either way, just trying to answer your question.

Originally posted by daryllyn
Oooo.. expect some flaming for that last line there.

I believe in a little thing called 'minding my own damn business'. More people should try it.

Get married or don't. It is none of my concern.

Aren't they making it our business??? Shouldn't we be concerned? If they PUSH this on us, what else will they push. (they: being lawmakers and politicians) IMO this has nothing to do with "rights" and everything to do with AGENDA!

reply to post by SamaraTen


Then what gives people the right to marriage and how does it affect the legal agreement between them? You can't extend special privileges to a group of people simply because they are a majority and you can't strip other citizens of rights afforded everyone else because they are in a minority. Marriage is a civil right which the Constitution guarantees everyone of us gay or straight.

You're preaching to the choir. If it is to be recognized by the government, I say why not let gays have the 'benefit' of being married.

Marriage began as a religious ceremony, so the separation of church of state should come into play, but you'll never hear that argument. Which I suppose does have its weaknesses.

It would be awesome if all this attention was given to other things.... but we're Americans. Can never pass up a good ole' civil rights battle. Even if we make up the rights in the first place like marriage.

Originally posted by QuantumCypher
Just to try to answer the question without taking a side, I would hazard the guess that it's the "nor deny to any person within its jurisdiction the equal protection of the laws". Married couples enjoy several legal benefits under the law, so legally speaking same sex couples should be able to enjoy those same benefits.

Again, not taking sides either way, just trying to answer your question.

What is the law protecting married people from, other than, a 50-50 split and custody rights? There are no REAL benefits to being "married"; except when it comes to filing taxes.

Originally posted by retirednature


Marriage began as a religious ceremony,

Bull. Marriage predates recorded history. To claim it has its origins in religion is flat out untrue.

reply to post by SamaraTen

It doesn't matter if they are making it our business or not, because, it is really no one's business in the first place. You might not agree with same sex marriage, but, that doesn't mean you get a say in other people's personal lives.

I think people should be able to marry whoever they want. And, I think that because, like I said, it is none of my business and it shouldn't be yours either.

i've said this before, but marriage is not a christian invention and they have no monopoly on it.

nor is marriage solely for breeding - thats just crass and ignorant.

if certain religious sects dont wish to have gay marriage ceremonies in their holy places then thats fair enough as far as i'm concerned - otherwise they should just stay out of the rights of non believers. therefore if two people wish to commit in a serious manner, and recieve the same legal benefits as others, why ever not - this would appear to me to be freedom in action.

simple really

reply to post by SamaraTen


What exactly are they pushing on us and making our business? The only reason anyone hears about it is because people like you keep fighting it. Don't want to hear about gay marriage anymore? Allow them to get married. They're not going to stop until they have equal rights and I don't blame them.

Originally posted by newcovenant
reply to post by SamaraTen

 

Then what gives people the right to marriage and how does it affect the legal agreement between them? You can't extend special privileges to a group of people simply because they are a majority and you can't strip other citizens of rights afforded everyone else because they are in a minority. Marriage is a civil right which the Constitution guarantees everyone of us gay or straight.

Civil rights include the ensuring of peoples' physical and mental integrity, life and safety; protection from discrimination on grounds such as race, gender, sexual orientation, gender identity, national origin, color, ethnicity, religion, or disability; and individual rights such as privacy, the freedoms of thought and conscience, speech and expression, religion, the press, assembly and movement.

So, i guess you could say "Civil Rights" protects people from discrimination and hate crimes. Still not sure what Civil Rights has to do with "marriage"?

The only thing marriage is about today for many people is about money and that's pretty much it.

The ability to take their others halves homes,cars,dogs etc
Parental rights, and tax credits.

That is all it is about.

Is marriage a constitutional right?

Dunno how government can give people rights they already have I am sick of hearing about this really.

The bottom line is using government force to make people accept their lifestyle thing is about that lot of people will never accept it which brings us back to its all about the benjamins.

reply to post by SamaraTen


I was going to post a list of some of the benefits, but instead I'll just post this:

en.wikipedia.org...

Again, not taking sides. I prefer to keep my opinion on this matter to myself...at least for the time being. I was only attempting to answer his question.

Originally posted by danneu89
reply to post by SamaraTen

 

What exactly are they pushing on us and making our business? The only reason anyone hears about it is because people like you keep fighting it. Don't want to hear about gay marriage anymore? Allow them to get married. They're not going to stop until they have equal rights and I don't blame them.

FINE. If they want to get married....they should disassociate themselves with CIVIL RIGHTS and Constitutional Rights! You can't hide being "black". But, no one can say, with certainty: "hey, that person is gay".

IMO: they're wasting their time because "marriage" ain't all it's cracked up to be. They don't want the "Rights" of being married! They want the 'BENEFITS' of it! HUGE DIFFERENCE!!!

Originally posted by neo96
The only thing marriage is about today for many people is about money and that's pretty much it.

The ability to take their others halves homes,cars,dogs etc
Parental rights, and tax credits.

That is all it is about.

Is marriage a constitutional right?

Dunno how government can give people rights they already have I am sick of hearing about this really.

The bottom line is using government force to make people accept their lifestyle thing is about that lot of people will never accept it which brings us back to its all about the benjamins.

I couldn't agree with you more! That's my POINT IN CASE!!! However, both sides are using each other.

reply to post by SamaraTen


The constitution isn't perfect.

Maybe you've noticed that several changes have been made already..... this would seem to me to be a pretty obvious question, but one which I think you might struggle with.

Seeing as how the constitution has already been altered for reasons many of us agree on, do you believe the constitution will change in the future?

Originally posted by QuantumCypher
Just to try to answer the question without taking a side, I would hazard the guess that it's the "nor deny to any person within its jurisdiction the equal protection of the laws". Married couples enjoy several legal benefits under the law, so legally speaking same sex couples should be able to enjoy those same benefits.

Again, not taking sides either way, just trying to answer your question.

Not at all. Gay men and gay women have exactly the same rights as straight men and women. The right to marry the member of the opposite sex of their choosing, presuming consent from the other party. That is equal protection.