But daniel, what about disparaging the privelege of a woman's locker room to men or driving to the blind? Surely there are instances where certain priveleges come with qualifiers or you don't get them?
The Court previously was referring to which races of men and women could marry....not that marriage didn't mean fundamentally man/woman. ..Marriage isn't a privilege. Its a right. So says the Supreme Court....about 4 times.
Your argument is based on a series of pseudo-legal fallacies. The idea that marriage is a privilege and not a right is one of them.
A useful thing to remember when assessing your 'closing arguments'. Which have been closing for about a week now.
No- that was not what the Court was referring to- what the Court consistently referred to is the individual right to marriage.
And only ONE- only ONE case dealt with race.
Loving v Virginia
"The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."
"Marriage is one of the 'basic civil rights of man,' fundamental to our very existence and survival."
Zablocki v. Rehail
Although Loving arose in the context of racial discrimination, prior and subsequent decisions of this Court confirm that the right to marry is of fundamental importance for all individuals.
Maynard v. Hill,125 U. S. 190(1888), the Court characterized marriage as "the most important relation in life,"id.at125 U. S. 205, and as "the foundation of the family and of society, without which there would be neither civilization nor progress,"
In Meyer v. Nebraska,262 U. S. 390(1923), the Court recognized that the right "to marry, establish a home and bring up children" is a central part of the liberty protected by the Due Process Clause,
In Griswold v. Connecticut,381 U. S. 479(1965), the Court observed:
"We deal with a right of privacy older than the Bill of Rights -- older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions."
Carey v. Population Services International,431 U. S. 678(1977)
"While the outer limits of [the right of personal privacy] have not been marked by the Court, it is clear that among the decisions that an individual may make without unjustified government interference are personal decisions 'relating to marriage,
Cleveland Board of Education v. LaFleur
"This Court has long recognized that freedom of personal choice in matters of marriage and family life is one of the liberties protected by the Due Process Clause of the Fourteenth Amendment"