Daily Archives: August 10, 2010

Musing on Marriage

Continuing off from the recent court ruling on marriage I have a few questions for people who feel that the ruling was in error.

Do you feel that marriage is a fundamental albeit unenumerated right or is it a privilege of government?

If you feel it is a fundamental right, who sort of reasonable restrictions can the state place upon it before the government has overstepped its bounds and intrudes in the exercise of that fundamental right?

Can the State restrict marriage to only mixed-gender couples that are fertile? Force infertile people to substitute a civil union for their marriage?

Can the State restrict marriage to mixed-gender couples of only the same political party affiliation?

Can the State restrict marriage to mixed-gender couples of only the same race? (Yes, Loving vs West Virginia said no the state cannot, but you might feel that was another example of judicial tyranny.)

Can that State restrict marriage to mixed-gender couples of only the same religious preferences?

For my own opinion marriage IS a fundamental right, though it is unenumerated in the US Constitution. Any of the above restrictions are infringements on the exercise of that right, as is the restriction that it can only be practiced by mixed-gender couples.

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