Is Marriage a Right? (virgin, divorce)

[krashlocke]

I've seen a lot of posts regarding the gay marriage issue (especially given recent state political developments), one which I see both sides on, but for different reasons than the norm. The question I put forth is one of semantics: is marriage of any sort a right? I don't see it on the US Consititution or in any of its' amendments, so then is the arguement that marriage as defined by the state is some sort of natural right?

I get a bit confused by the incessent playing of the "equal rights" card that I was curious to see if the rights were already equal and what we were talking about were equal priviledges. That being the case, should marriage be an institution of the state?

What purpose does it ultimately serve the state - especially given that it's not important enough for the federal Constitution?


Would it ever be an acceptable option for states to eliminate any sort of marriage - why or why not?

[Jaymes]

The Supreme Court has already determined that marriage is a right.

[Green Gaia]

Loving vs Virginia, 1967, The US Supreme Court stated that, "marriage is a fundamental human right"

[Sunstone]

What purpose does it ultimately serve the state - especially given that it's not important enough for the federal Constitution?

The US Constitution does not enumerate many rights for the simple reason that they were taken by the Framers to be obvious. Marriage is one of those rights that is so fundamental to human nature it would must have seemed absurd to the Framers to specifically list it. For instance: No where in the Constitution does it say you have a right not to be maimed, but you certainly have a right not to be maimed.

[JMoum04]

Originally Posted by Sunstone

The US Constitution does not enumerate many rights for the simple reason that they were taken by the Framers to be obvious. Marriage is one of those rights that is so fundamental to human nature it would must have seemed absurd to the Framers to specifically list it. For instance: No where in the Constitution does it say you have a right not to be maimed, but you certainly have a right not to be maimed.

You also have a right to use your own bathroom, be naked in your own house, use whatever kind of bedsheets you want, etc. etc. If we listed all the rights we do have, the list would go on forever.

[krashlocke]

I suppose then it is assumed, then, that marriage is a natural and presupposed right that would be covered under the ninth amendment?

[angellous_evangellous]

Marriage is a fundamental human right, and so is divorce. Both should be reasonably easy for anyone to do.

[krashlocke]

Delightful! So then, marriage is a natural human right, outlined in the vague sense most natural rights are by the Constitution's ninth amendment.

What, then, does the state gain by insuring it as a natural right - any furthermore by creating incentives to marry?

[Bright-ness' Shadow]

Originally Posted by krashlocke

I suppose then it is assumed, then, that marriage is a natural and presupposed right that would be covered under the ninth amendment?

And also found in a penubra(sp?) of rights