[quote]countingbeans wrote:
[quote]jjackkrash wrote:
the right to marry,[/quote]
Is marriage a right?
I mean, didn’t it start out a religious matter, and isn’t government’s sole roll in marriage basically property rights? (Well at least it should be.)
[quote] This isn’t an issue that should be subject to a vote.
The bill of rights, including the 1st amendment (speech and expression, establishment clause, etc.) and 5th amendment (equal protection), are designed to protect unpopular minorities from the will of the majority and prevent the state from acting for illegitimate or irrational reasons, like imposing state-sponsored religious values on a minority, or denying people privileges and benefits for irrational, arbitrary, or impermissible reasons. [/quote]
So who decides if something is irrational, arbitrary or impermissible? The minority? The majority? One or two judges? Bill Clinton?
I mean, I think you make good points and it is a good post, but that is because I agree with you, lol.
[quote]If you are standing up for Chic-Fil-A as a matter of principle, and believe in limited government, then you ought to be standing up for gay marriage for the exact same reason, and vis versa.
[/quote]
Well here is the thing. In my view governments sole role in marriage is property rights. Who owns what and when, who the kids belong with, what happens to person A’s stuff when they die, etc.
I have no problem with CFA’s president saying what he said, and I’m happy he did. Now people can make an informed choice as to whether to give him their dollars. If it hurt people’s feelings, oh well.
I also have no problem with gay people getting upset by what he said. They feel like denial of gay marriage is a violation of their civil rights, and this person supports that denial. If them being gay and getting married hurts people’s feelings, oh well.
I just get angry when the government starts trying to strong arm people or abuses it’s power in the name of equality, by eliminating the rights of one group for another. [/quote]
I wouldn’t say marriage is a right per say, but it is a benefit. Once the government confers a benefit, the equal protection clause (at least the way equal protection had been interpreted) says you can’t deny that benefit to a class or suspect class of persons for impermissible reasons. I also agree that the state’s business is in regulating and deciding property rights, but once you tie those rights into a system and call it marriage, I don’t think you can deny entrance into that system for suspect, irrational, or religious reasons. Its just like a business license, a person does not necessarily have a “right” to a business license, but the state can’t deny a person one for impermissible or arbitrary reasons.
Who decides? Article III ultimately gives the Supreme Court the right to decide what is and isn’t constitutional. People get to vote on lots of stuff, but they can’t vote to take away basic con-law rights like the right to equal protection. Its not a perfect system, but that’s the system.