A Fine Argument for Gay Marriage, but a Flawed Legal Opinion
“This is not a “rights” issue. It is never been a rights issue. ”
Agreed. No one has a “right” to marry, not even heterosexuals.
Before you are married civilly, you need to secure a marriage license from the state where the ceremony is performed.
By definition, any act that requires a license, (i.e.: permission from the government), is NOT a right.
Furthermore, you cannot MAKE marriage a “right”.
Rights accrue only to individuals, and an individual’s decision to marry is predicated on, (at the least), the acquiescence of another individual.
Now the problem with this Court’s decision is that the Federal government has absolutely no Power granted to it ANYWHERE to define or regulate Marriage.
That is left to the states.
All that the Fed can do is “recognize” or “refuse to recognize” marriages performed under states’ constitutions.
The Court’s decision arrogates and usurps a Power to define for the States what the states have decided for themselves…as the 9th Circuits District for Arizona did in granting an injunction against SB 1070.
