nehalem256
Lifer
- Apr 13, 2012
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Turner v. Safley struck down another regulation that prohibited inmates from marrying without the permission of the warden, finding that it was "not...reasonably related to legitimate penological objectives" and "impermissibly burdened" their right to marry.
It is not all that narrow. It set the precedence that a states interests is not more important than a persons right to marry. This ruling is one of the ones instrumental in the current rulings against laws prohibiting SSM, and clearly gives precedence that marriage is a right that is protected under the Constitution and can not be impinged by State law.
Yes, it is a default decision, but it is a SCOUTS ruling on marriage that sets precedent. What is important about this is it is being used as precedent to state that anti-SSM laws are allowed on the state level. Of course the other argument is that Zablocki v. Redhail effectively reverses it.
Yes, this is hands down a SCOUTS ruling on Marriage. This is where SCOTUS said that the right to marry is a fundamental right protected by the liberty element of the due process clause, and was only 47 years ago.
The SCOTUS's rulings are rarely very narrow in practice. They are always generalized to understand the law. There probably are lots of cases that SCOTUS did not hear, but that is harder to research.
Forty Seven years ago SCOTUS said that "the right to marry is a fundamental right protected by the liberty element of the due process clause." That ruling gives it plenty of ability to rule on marriage laws, not just that they are unequal, but that they infringe on a protected right.
To me the federal government is saying that marriage has so much value and meaning that states have no right to deny it to people.
So then it would seem that the right to polygamy is undeniable.:thumbsup:
And in fact even more undeniable than same-sex "marriage", because polygamy is undeniably marriage, whereas same-sex "marriage" is merely applying the word marriage to a totally unrelated relationship.
