Same sex marriage is already a constitutional protected unalienable right

bfdd

Lifer
Feb 3, 2007
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1st amendment, sorry suck on it now can we move along to things that really matter like why do we infringe so much on the choices of others and why we allow an entity of our make up to act in violent manners in ways we would never allow our individual selves?
 

bfdd

Lifer
Feb 3, 2007
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Pretty sure that the 1st Amendment does not mention marriage anywhere.

it guarantees assembly of people, that covers it. 1st amendment covers all organization or grouping of peoples. it doesn't matter what the fuck you call it. it also shows that any reach into "marriage" government makes is an affront to the 1st amendment and must automatically be unconstitutional. this includes tax incentives for assembling.
 

DCal430

Diamond Member
Feb 12, 2011
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it guarantees assembly of people, that covers it. 1st amendment covers all organization or grouping of peoples. it doesn't matter what the fuck you call it. it also shows that any reach into "marriage" government makes is an affront to the 1st amendment and must automatically be unconstitutional. this includes tax incentives for assembling.

The first amendment only deals with limits on congress, not limits on the states them self.
 
Apr 27, 2012
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I would say that it should be protected because telling people they cant marry each other is a violation of there liberty. If people want to get married or be together then let them, its none of our business.
 

bfdd

Lifer
Feb 3, 2007
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The first amendment only deals with limits on congress, not limits on the states them self.

Yeah, I know. I'm talking specifically about the national debate about it's legality. It is already legal at the Federal level no need for any extra legislation.
 

nehalem256

Lifer
Apr 13, 2012
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it guarantees assembly of people, that covers it. 1st amendment covers all organization or grouping of peoples. it doesn't matter what the fuck you call it. it also shows that any reach into "marriage" government makes is an affront to the 1st amendment and must automatically be unconstitutional. this includes tax incentives for assembling.

Sounds like if anything you are arguing that straight marriage is unconstitutional as creating it in the first place is a reach into marriage.

And nothing prevents gay people from assembling.
 

her209

No Lifer
Oct 11, 2000
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Marriage has more legal consequences than just being able to cohabitat.
 

bfdd

Lifer
Feb 3, 2007
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Sounds like if anything you are arguing that straight marriage is unconstitutional as creating it in the first place is a reach into marriage.

And nothing prevents gay people from assembling.

why? people can be married without government intervention. It's the government intervention which is the affront to liberty, not the union itself. IMO polygamous marriage is no different than having an orgy of stock holders. I fail to see how one is legal and another isn't.

btw the 10th Amendment also backs up the fact that possibly even State governments have NO SAY in assembly as well. Argument can be made that is a right of the people and not one of any government at all.
 
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DCal430

Diamond Member
Feb 12, 2011
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Yeah, I know. I'm talking specifically about the national debate about it's legality. It is already legal at the Federal level no need for any extra legislation.

But even if feds say it is legal, the 1st does not stop states from blocking it.

Personally I view it is a vioaltion of the 14th amendment for the states, and 5th and 10th amendment for the federal government.
 

bfdd

Lifer
Feb 3, 2007
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But even if feds say it is legal, the 1st does not stop states from blocking it.

Personally I view it is a vioaltion of the 14th amendment for the states, and 5th and 10th amendment for the federal government.

Read the 10th amendment again. It says any rights not specifically enumerated are left to the States OR the people. This is one that an argument can EASILY be made that it should be left "to the people" and States should stay the fuck out of as well.

10th Amendment said:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
 
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DCal430

Diamond Member
Feb 12, 2011
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Read the 10th amendment again. It says any rights not specifically enumerated are left to the States OR the people. This is one that an argument can EASILY be made that it should be left "to the people" and States should stay the fuck out of as well.

The 10th amendment DOES NOT BIND THE STATES. It only binds the federal government. None of the 1st 10 amendment bind the states. What the state should do and what the constitution requires is very different.
 

PhatoseAlpha

Platinum Member
Apr 10, 2005
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Pretty sure that stopped being true when they 14th Amendment got passed. The courts certainly are.
 

bfdd

Lifer
Feb 3, 2007
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The 10th amendment DOES NOT BIND THE STATES. It only binds the federal government. None of the 1st 10 amendment bind the states. What the state should do and what the constitution requires is very different.

Read the fucking amendment. It leaves it to the States OR to the people. That means it could potentially NOT be a State issue either. What the fuck is so goddamn hard to understand about that?
 

nehalem256

Lifer
Apr 13, 2012
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why? people can be married without government intervention..

So the Gay people can get married already right?

I mean if 2 men have a marriage ceremony government storm troops won't show up and put a stop to it :D

So why do they keep complaining?
 

bfdd

Lifer
Feb 3, 2007
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So the Gay people can get married already right?

I mean if 2 men have a marriage ceremony government storm troops won't show up and put a stop to it :D

So why do they keep complaining?

Because the Government deems them a separate class of citizen with different rights than others. That is wrong. Every single American should be outraged that some would use the force of Government to such tyrannical ends.
 

Jaskalas

Lifer
Jun 23, 2004
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Has anyone used the right of assembly in this argument before?

Seems quite potent...
 

DCal430

Diamond Member
Feb 12, 2011
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Read the fucking amendment. It leaves it to the States OR to the people. That means it could potentially NOT be a State issue either. What the fuck is so goddamn hard to understand about that?

You are you dense, it says it could it does not say it must and that is the difference. Again the amendment is speaking to federal government all of the first 10 amendments are specific for congress, and only congress. Read the first 1 amendment it says "CONGRESS SHALL NOT", the other 9 amendments continue from and are limits on only congress.
 

DCal430

Diamond Member
Feb 12, 2011
6,020
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Pretty sure that stopped being true when they 14th Amendment got passed. The courts certainly are.

The 14th amendment limits the states, but when a school does school prayer that it self is not a violation of the 1st amendment, it is considured a violation of the 14th amendment.
 

nehalem256

Lifer
Apr 13, 2012
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Has anyone used the right of assembly in this argument before?

Seems quite potent...

No one's right to assemble is prohibited.

Because the Government deems them a separate class of citizen with different rights than others. That is wrong. Every single American should be outraged that some would use the force of Government to such tyrannical ends.

Marriage is by definition creating a special class.

If you believe this is wrong then you are arguing against straight marriage, not in favor of gay marriage.
 

bfdd

Lifer
Feb 3, 2007
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No one's right to assemble is prohibited.



Marriage is by definition creating a special class.

If you believe this is wrong then you are arguing against straight marriage, not in favor of gay marriage.

no it isn't, you're stupid. Marriage is by definition not creating a special class. It's an agreement between two people and that's it. What people do with it from there whatever, but it is only treated as a special class now due to Government intervention. Take out Government intervention and then there is no special class because everyone is playing by the same rules. derp a der.
 

bfdd

Lifer
Feb 3, 2007
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You are you dense, it says it could it does not say it must and that is the difference. Again the amendment is speaking to federal government all of the first 10 amendments are specific for congress, and only congress. Read the first 1 amendment it says "CONGRESS SHALL NOT", the other 9 amendments continue from and are limits on only congress.

lol yes you're right that Congress shall make no law to challenge our right to assemble. Says so in the 1st. I didn't deny that. No Federal Law should be made towards marriage or unions or whatever you want to call it. There is no difference between stock holders in a business and those agreeing to be "married". The 10th Amendment specifically says "to the states, or to the people" That is an argument to further go into as to if the States have the right to make any laws pertaining to it and I'm saying NO they don't. It is something that should be left up to the people, if you want to argue that we can, but Federally, it is clearly protected and the Federal Government has NO PLACE due to the 1st Amendment in marriage or any other recognizing of assemblies/groups of people. This goes for political parties as well and they need to have all the special laws and legislation pertaining to them stripped the fuck away as well.