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Old 03-25-04, 12:05 PM   #31 (permalink)
xiannaix
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Originally posted by Krash
OK, could there ever be a reason for that right to be revoked? Because, to me, something fundamental is, for example, the right to life - yet that is revoked in many countries around the world.

Is marriage the same?
Yes, a fundamental right may be revoked.

For example, the right to vote is fundamental but may revoked as punishment for conviction of a felony.

But, I am using the term "fundamental right" as a term of art applicable to American law - so any commentary on actions in other countries would have no bearing on my reference.
 
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Old 03-25-04, 12:33 PM   #32 (permalink)
 
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Quote:
Originally posted by xiannaix
Yes, a fundamental right may be revoked.

For example, the right to vote is fundamental but may revoked as punishment for conviction of a felony.

But, I am using the term "fundamental right" as a term of art applicable to American law - so any commentary on actions in other countries would have no bearing on my reference.
So, in relation to Johnny's point, what right does the state have to regulate the institution of marriage?

None?

Brilliant, all them there gays must be jumping for joy
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Old 03-25-04, 12:41 PM   #33 (permalink)
xiannaix
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Originally posted by Krash
So, in relation to Johnny's point, what right does the state have to regulate the institution of marriage?

None?

Brilliant, all them there gays must be jumping for joy

Little.

Marriage can be regulated by age of participants (goes to capacity to enter into the union), degree of consanguinity (wanting to avoid the Hapsburg longjaw or the hemophilia of Victoria's grandchildren or worse) there may be others but they don't leap to mind.

The issue though Krash is the definition of marriage. It will be the rare event where a state hasn't defined marriage as the union of a man and a woman - singular article adjective. Thus man and man, wowman and woman, man and woman and woman, etc etc do not fit the definition of marriage and therefore it is not somthing that the state is greatly curtailed in regulating.
 
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