martybegan
Diamond Member
- Apr 5, 2010
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Actually it did, until states passed laws making it illegal. So you had a situation where it was allowed, then it wasn't. So you had precedence where marriage was A-ok between races, then it wasn't, then the courts said it was again. You have no track record like that for gay marriage until recently.
I'm sorry, what point was it okay for a black man to fuck a white woman where it didn't end wiht the black guy at the end of rope?
Yes, rights are inherent, but they are only protected when enumerated under the constitution, or added via the amendment process. If you want to argue the 9th as invoidable, I can create the right to boff people with a foam hammer and then claim it as a right under the 9th. No person is actually harmed, so you can't go with that.
Guy, there are no "rights". Andy stupid fuck who thinks he has "rights" needs to look up "Japanese Americans, 1942".
Oh, they did check with tthe courts, and the courts said, "Meh, lock them up. Remember Pearl Harbor."
You are confusing lawlessness with laws on the books, and in the beginning of the US there were no laws regarding miscegenation until they were added before, during and after the civil war.
And rights exist, they are inherent. And your example proves case in point how courts that over-step their bounds can be a danger to us all.
The most fundamental of rights is equality. If you make it a legal right for a man to marry a woman, but you deny a woman the right to marry a woman,
you have violated the right of the woman to equality, based on her gender, and you have done so without proving there is an overriding compelling interest that the government has to protect that warrants such discrimination.
And you are trying to re-write a centuries old legal contract concept without actually re-writing it. Kennedy's questions revolved around this very point. Again, if legislatures decide to change the contract, I have no quarrel, but to create a right out of thin air is stupid, short-sighted, and unconstitutional.