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Author Topic:   Landmark gay marriage trial starts today in California
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Message 81 of 759 (572599)
08-06-2010 5:33 PM

fundamental right to marry
One thing I will say:

A few years ago when gay marriage was being discussed in this forum, there were those who were insisting that marrying the person of your choice is not a fundamental right under US law.

Judge Walker's decision (if I understand it correctly) in this case is that, yes, marrying the person of your choice is a fundamental right under US law and custom. Except in cases where the state can show a compelling interest in restricting that right, it is protected under the 14th Amendment. Therefore, since the proponents for Prop 8 failed to show a compelling state interest in preventing gay marriage, gays do have a fundamental right to marry.

I'm bringing this up because it seems that a major argument (marriage not being a fundamental right) that some were using is invalidated, and I think it would be interesting to see the reaction of the anti-gay marriage crowd.

Edited by Chiroptera, : "forum" instead of "thead" in the first paragraph

To count as an atheist, one needn't claim to have proof that there are no gods. One only needs to believe that the evidence on the god question is in a similar state to the evidence on the werewolf question. -- John McCarthy

Replies to this message:
 Message 82 by subbie, posted 08-06-2010 5:59 PM Chiroptera has not yet responded

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