05-01-2009, 04:00 AM
quote:
Originally posted by Jon
Marriage as the government sees it is not a "RIGHT" at all, if it were there would not be rules as to who can marry who.
I'm not sure where you’re going with this, I think your confusing the difference between the Right and Requirements. Rights are not so absolute that they can’t have requirements.
Everyone has the RIGHT to marriage. That right can not be taken away by government. Government can not impose restrictions that are in violation of a person's Civil Rights. However, they can place requirements based on the act of that right. Since marriage requires CONTRACTUAL consent, they can place minimum age requirements consistent with age. Under a state law, a person may not be legally capable of giving informed CONTRACTUAL consent under a certain age. But once that minimum legal age is reached, government can not restrict marriage based on age. So an 80 year old can't marry a 10 year old. But if that 10 year old waits until age of consent (lets say 18) and now marries that 88 year old, government CAN NOT stop the marriage because of age since it’s a right and thus protected from arbitrary discrimination or requirements. Just about every legal limitation on marriage is based on issues that do not pertain to marriage but on competency, consent, and health, not on anything to do with race, nationality, sex, age, etc, etc....
Once again, if you have anything that says marriage is NOT A RIGHT, I'll be willing to look at it. But until such time, the US Supreme Court ruled it a Fundamental Right and tough sh*t to those who can't accept it.