Originally posted by: Atreus21
Originally posted by: OrByte
Originally posted by: eskimospy
Originally posted by: Atreus21
Originally posted by: eskimospy
Hrmm, you might want to read it again then.
Basically the fundamental flaw was the author trying to state that people have to prove the value of their union, declared a fundamental right by the USSC in order to have the government grant it. This is the direct opposite of how things really work in regards to fundamental rights granted by the Constitution, because with all of these the burden is on the government to prove that it must restrict the right.
Either way, there are 4 straight pages of this guys article getting owned from nearly every direction, it was poorly written and poorly reasoned.
Nonetheless, he made several well-reasoned points, namely that marriage is not a right, as it is regulated (in the case of incestuous and polygamous marriages). If marriage isn't a right, then the pro-gay-marriage argument collapses. Using one of his points as a basis to dismiss the entire paper is a dubious move. Marriage isn't a right, and it's bestowed at the state's interest.
I'm sorry but you are simply factually incorrect. The US Supreme Court declared marriage a 'fundamental right' in Loving v. Virginia. Therefore it is a right, same as all the rights guaranteed in the Bill of Rights, period.
That makes it two threads wherein that dumb article gets shredded.
Lets try for the hat trick Atreus! :thumbsup:
Alright, then if it's a fundamental right, on what basis is it allowed to gays, straights, and interracials, and denied polygamists and first cousins?
The same exact standard by which every fundamental right is restricted. The government must show compelling cause. Polygamy is often associated with abuse (and would create a convoluted legal nightmare), and marriage between first cousins is associated with birth defects.
I personally am on the fence about polygamy in that I can see the argument against it but I'm unsure if it's valid enough, and from what I have read the ban against cousin marriage is on pretty shaky ground as well in terms of the likelihood of birth defects. All your argument really does here however is argue for the legalization of polygamy and cousin marriage, it does nothing to alter the validity of gay marriage.
