JamesInFlorida
Senior Member
- Dec 18, 2010
- 1,501
- 186
First of all, marriage is not a "right" (try reading the Constitution just once before commenting on rights). It is not - nor has it ever been - a "right". Why do you think you have to get a marriage license from the state? Rights do not require government-approved licenses. Join us in reality, won't you? Please? Just once?
Second, a gay woman has every freedom to marry a man as a straight woman does. A gay man has ever freedom to marry a woman that a straight man does. Gays have never been denied anything in this country. Again - reality is calling. Won't you please answer so we can move USMB discussions into mature, sane, accurate threads?
Just because something isn't expressed in the Bill of Rights-doesn't mean it's not a right. In fact you have NO rights under the BOR. The BOR restricts what the federal government can do. Hence "shall not restrict".
This is because anything not expressed in the BOR would not been seen as a right (if the BOR granted your rights, and didn't restrict the federal government). As such everything else falls under the 10th. The federal government doesn't have the ability to restrict gay marriage under the Constitution. State governments do however.
If the federal government were to make gay marriage illegal (without amending the Constitution)-it would be in violation of the 10th, and be a big example of big government at work.
Actually, that's exactly what it means. Like SW, you apparently have no concept of the definition of a right.
The fact that anything outside of the 18 enumerated powers of the federal government prohibits them from interfering has nothing to do with rights. You are 100% correct - the federal government has zero authority to restrict gay marriage. But the states do (which you acknowledged). And why can the states prohibit it? Because marriage is not a right.
Jesus people - this is not rocket science. Your average second grader understands this...![]()
It's not a "right' under federal law, but it can (and is in some places) be a "right' under state law. That was my point.
For example in my state it's a gun-owner has the right to sell a gun at a garage sale (literally). In other states-you can't.