Starting today August 7th, 2024, in order to post in the Married Couples, Courting Couples, or Singles forums, you will not be allowed to post if you have your Marital status designated as private. Announcements will be made in the respective forums as well but please note that if yours is currently listed as Private, you will need to submit a ticket in the Support Area to have yours changed.
The fourth amendment looks like it only pertains to illegal serches and seizures but it has been interpreted to mean a right to privacy from all who may invade it. So I believe it could be used in such a fashion because the constituion is open to interpretation to the supreme court.burrow_owl said:I think what JohnCJ is asking is something like: would a constitutional amendment to ban gay marriage enable the courts to forbid other groups - like atheists - from marrying.
The answer is clearly 'no.'
a)The fourth amendment guarantees privacy, i keeps people from interfering in a marriage legally outside of said marriage, for example you have no basis to sue a woman that married a man you don't like.burrow_owl said:a) The Fourth amendment has nothing to do with marriage.
b) In theory, the Court could interpret the First Amendment to mean that only people with green eyes may eat bananas, but that's about as likely as a court interpreting a gay marriage ban amendment in the way you describe.
To define marriage as a legally binding union between 2 consenting adults would be the only constitutionally sound law and the only law that would have any common sence.Neu-Timothy said:It appears to me the State, having already gotten in the middle of what should be the church's business, is scrambling to make a definition of marriage to prevent the definition from developing into something extreme... for example... a man marries his dog, and adopts all the dogs puppies, (101 of them) and selects them as dependents, and collects, the $400.00 per child tax credit.
I did say extreme...![]()
I think a lot of people are "married" to there pets already.Neu-Timothy said:It appears to me the State, having already gotten in the middle of what should be the church's business, is scrambling to make a definition of marriage to prevent the definition from developing into something extreme... for example... a man marries his dog, and adopts all the dogs puppies, (101 of them) and selects them as dependents, and collects, the $400.00 per child tax credit.
I did say extreme...![]()
The solution is for the State to issue a legal civil union to people. What the church wants to add to that is their business.JohnCJ said:Constitutional law and morality are not completely seperate. Morality makes up the law, but does not enumerate it. The law can never change your morality as morality is a personal choice.
Constitutional law is interpreted by courts and our constitution enumerates certain rights guaranteed.
To add to our constitution a restriction of rights will leave those laws open to the same liberal interpretation as all the other rights.
With a conservative court a constitution marriage banning gay marriage can be interpreted as a right to moralize the law and therefor outlaw what the court determines is morally wrong.
So the 1st comandment can be interpreted into the law and legalized. With this notion it would ban the marriage of atheists, agnostics, pagans, wiccans, buddists, muslims, hindus, sikhs and and enumeral amount of other religions.
But then the first amendment would be violated because of the amendment determining morality is the law.
But then as christians our most important standard mandate given to us by God in dealing with our neighbors of loving thy neighbor would be twisted into loving thy neighbor unless I don't like what he believes.
Could a constitutional ban against gay marriage be used to ban marriage of people who do not share the same morals of christians?
a) the fourteeth amendment is equal protection of the law meaning the fourth amendment would have to apply to everyoneburrow_owl said:a) The fourteenth amendment is the basis of the right of privacy for things like marriage, abortion, sex, etc.
b)"wow that has noting to do with freedom of speach or marriage or anything realy"
Which was precisely the point. Bananas have as little to do with the freedom of speech as marriage between atheists has to do with a ban on gay marriage.
Indeed.Yitzchak said:The solution is for the State to issue a legal civil union to people. What the church wants to add to that is their business.
I used to know one like that.JohnCJ said:a) Are you trying to say your argument is that gay people are like bananas?
Thanks for adding to the topic conversation and morepaxvobiscum said:I used to know one like that.![]()
http://www.wwnorton.com/spitzer/ch4_review.htmburrow_owl said:a) The fourteenth amendment is the basis of the right of privacy for things like marriage, abortion, sex, etc. Here's a long-ish history of fourteenth amendment privacy.
b)"wow that has noting to do with freedom of speach or marriage or anything realy"
Which was precisely the point. Bananas have as little to do with the freedom of speech as marriage between atheists has to do with a ban on gay marriage.
JohnCJ said:a)The fourth amendment guarantees privacy, i keeps people from interfering in a marriage legally outside of said marriage, for example you have no basis to sue a woman that married a man you don't like.
b)wow that has noting to do with freedom of speach or marriage or anything realy, maybe if your statement were more absurd I could think you where joking but that is not the case
Neu-Timothy said:It appears to me the State, having already gotten in the middle of what should be the church's business, is scrambling to make a definition of marriage to prevent the definition from developing into something extreme... for example... a man marries his dog, and adopts all the dogs puppies, (101 of them) and selects them as dependents, and collects, the $400.00 per child tax credit.
I did say extreme...![]()