Getting tard comed
kiwifarms.net
- Joined
- Dec 17, 2019
Ok, so reskimming it now my "right to happiness" comes from the reasoning "The right to marry is a fundamental right inherent in the liberty of the person" which I'm not sure where that is, except I'm told it's in the 14th amendment.How did you read a Supreme Court decision that was made in 2015 way back in 2008?
Not even touching on how "right to happiness" never made it into the decision in any way
In the 14th the best applicable part is "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." Now I don't see marriage as a liberty or a privilege but obviously im wrong due to Loving. Which makes Thomas' concurring opinion really interesting because whether he mentioned it or not, his line of reasoning undermines Loving. Which is funny.
Also, I think there's a difference in a law saying one cannot do something vs a law saying you can. I'm not aware if all 50 states had laws saying gay marriage was illegal. I can see how that violates the 14th given the suppositions accepted. But if states were passing laws, 36 of them at the time, saying gay marriage was legal, why was the ruling necessary?
Also, I agree with Scalia. Everything he said was correct.