Czernobog
Gold Member
- Sep 29, 2014
- 6,184
- 495
- Thread starter
- #1,521
Okay. I propose putting that theory to the test. I want a state to attempt to pass a law which refuses to recognise marriage of any type. Let's see how well that works out for that state.Except that the legal institution of marriage exists only because the state created it.Except that according to Loving v Virginia marriage is a right.No such right exists.As to your comment, I suppose part of the problem is my fault. You get that nothing on that list is a "right", correct? Those are the benefits of marriage. The only "right" in question is, and has always been, that of marriage - specifically the right to marry the person of your own choosing, with no restriction.
Marriage, as a legal institution, exists because state law created it.
Nothng requires a state to do so, and so, upon repealing the relevant laws, marriage as a legal institution would cease to exist.
Thus, marriage, as a legal institution, is a privilige granted by the state, not a right inherent to the people.
What happens to the "right" of marriage when the state repeals its laws that created it? It goes away.
Thus, it cannot be a right as a right cannot be taken away by the repeal of legislation.