Pop23
Gold Member
I bet someone would have said that with gay marriage eh?it's still a law enacted by society. and if your wishes are to eliminate society in all matters related to anyone thing, then precedence suggest it open for all things. that fking precedence thingy gets in the way of everything. once you head down the slope, then there is no way to stop the ride until it ends.there is no difference. It was determined by society. can't have it both ways. We are either a society or we are not. there is no grey area.Actually, there is no reason that a state licensed marriage license can't be obtained by anyone (at least the denial would have to be for a rational legal basis and be able to withstand the "states compelling interest" test, which is nearly impossible.
That, however is where the statement, why limit age question fails. The Government asserts that minors (at that age is set by the State's), suffer from Diminished Capability, thus making them incapable of entering into these types of agreements or contracts.
Just feel lucky we still have that as legal reality OR KATIE BAR THE DOOR!
Except that there is no grey area, at least as age is concerned. And it's not just Marriage, it is prevailing law on all matters in which someone judged to have "diminished capabilities' are concerned. It is long standing and has withstood challenge every time in court. It would take a change hundreds of times greater than that of the change created in Obergfell to chance this area of the law. And that is nearly impossible.
Again, it has withstood numerous legal challenges and will withstand all comers.
Yes, it is a Paradox, however much less harmless than destroying "diminished capability".
Do you actually think that you could, no matter how many bleeding hearts you might find, would be able to create a movement toward legalizing sex with children? What politician would expend an oz of political capital on it? Certainly not one that wants to retain his/her seat. I also think you would see gays and straights unite in opposition.
That's just reality.