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If marriage isn't a right...

...then what is it?


Edit: Sorry, I should have been clearer with my question. The too-smart-for-his-own-good homophobe that I work with keeps winning our debates because I'm not as prepared as I need to be. I tell him that the reason why the will of the people was overturned by judges in San Francisco is because you can't vote on people's rights. He replies by telling me that marriage isn't a right. I'm trying to either validate or invalidate that statement. So, legally, what is marriage?

Comments

( 5 comments — Leave a comment )
fightingwords
Jan. 7th, 2009 01:59 am (UTC)
A privilege.
embracethefall1
Jan. 7th, 2009 02:32 am (UTC)
Is that how the law recognizes it?
fightingwords
Jan. 7th, 2009 03:17 am (UTC)
I'm not sure how the law recognizes it. I don't think most states actually refer to it as a right, but it seems to me that the financial and other benefits of marriage are only bestowed by the state upon certain people, regardless of their genders. In my mind, that makes marriage a privilege, not a right.
storm_shadow
Jan. 7th, 2009 03:54 am (UTC)
the argument could be made that it is a right in the same way that voting is a right. both of them are regulated by the gov. in similar ways. being able to marry someone of the same sex could be considered a choice right or a privacy right.

i think this will go onto high level courts and i'll be interested to hear what happens.
didntthathurt
Jan. 8th, 2009 05:45 am (UTC)
this pretty much covers everything you need to know as well as can be, plus links to relevant sources.

http://en.wikipedia.org/wiki/Same-sex_marriage_in_California



( 5 comments — Leave a comment )

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