| Jun 11, 2009 @ 9:59 AM |
Marriage is not a right
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yashaenka
Posts: 10,289
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You Don't Have a Right to Marry By Jeff Jackson (2/15/04)
www.thelandofthefree.net
The debate over marriage, what marriage is, and who can marry has come again to the forefront of political debate as gay rights groups struggle to encompass the recognitions that come with marriage to their same sex partners. They want the "right" to marry. However there is one problem. In America you don't have the right to marry.
The first knee-jerk reaction of many people reading that last statement is to say that it is just plain wrong; that anyone who would say such a thing is off one's rocker. So, now that you have gotten past that first reflexive action I will say it again. In America you don't have a right to marry.
Now that you have seen it twice and your heart has slowed down we can move on to show why this is true. Marriage is a side product of a right that we do indeed enjoy which is religious freedom; marriage being a religious institution. However it, in itself, is not a right.
Marriage is about more than just "love":
Homosexual couples argue that because they "love" their partners, they must be allowed to wed just as a heterosexual couple would to form a family unit. The problem is that marriage is not solely about "love". If marriage where solely about "love" then the state would be required to recognize the union of a man and his dog if such a thing was done because of "love". If the sole argument for marriage was "love" then would a bi-sexual woman who has "love" for both her female and male partner would be allowed to marry both.
"Love" for one's partner is not an argument for marriage.
Marriage is a religious institution: Marriage is not a right
All of us assume that marriage is a right under our Constitution, but it is not click on the link the argument is an interesting one. What do you think?
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| Jun 15, 2009 @ 8:02 AM |
Marriage is not a right |
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Thor1960303
Posts: 3,555
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All of us assume that marriage is a right under our Constitution, but it is not click on the link the argument is an interesting one. What do you think?
I know in the Catholic Church, marriage is a sacrament, meaning it not only legally binds you to a person, it imparts grace upon both parties. If, however, marriage is a "religious" institution, then what of civil ceremonies that are just as legally binding? On a purely legal basis, marriage is a business contract and laws concerning marriage are dealt with on that basis. That said, if marriage is not a "right", does that make it a "privalage" then? If it's a church based marriage, under your religious definition, that would be more accurate, because privalages can be denied. Driving for example, is a privalage and can be taken away if a driver fails to meet the state requirements. Homosexuals don't meet many church requirements and so are not allowed to marry according to that church's rules which makes marriage a privalage and not a right.
When marriage is a legally binding contract with no religious rule, then if it's a right, then the only things binding it are ordinances and laws, such as age and nationality restrictions. Laws concerning religious mandates, such as those dealing with gays, would violate separation of church and state and therefore are unconstitutional.
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| Jun 15, 2009 @ 8:30 AM |
Marriage is not a right
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sail_dancer
Posts: 10,218
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When marriage is a legally binding contract with no religious rule, then if it's a right, then the only things binding it are ordinances and laws, such as age and nationality restrictions. Laws concerning religious mandates, such as those dealing with gays, would violate separation of church and state and therefore are unconstitutional. I agree.
An example would be taxation. Why should a union (marriage) of a man and woman be given tax benefits while man/man and woman/woman unions do not?
Taxation should not be based on religious definitions of a family union.
Peace
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| Jun 17, 2009 @ 3:20 PM |
Marriage is not a right |
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CPUfan
Posts: 7,987
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Yes that is most interesting Yash. There may be a legal right to marry "in state" but not to impose such a "right" on a church, which violates freedom of religion...
Imposing a legal state marriage on a church as a "right" would also violate the constitutional separation of church and state. Hmmm  ...
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| Jun 17, 2009 @ 3:38 PM |
Marriage is not a right
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eastham
Posts: 8,145
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What you suggest already exists, CPU. In the US, divorce is legal in all 50 states, yet the state cannot force a marriage between two divorced persons in a Catholic, Orthodox, etc church, even though the marriage would be legal.
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