Robert,
I don't know what section it's from, but what's been referred to is a clause guaranteeing "equal protection" under the law. This may be a bit of a red herring, however -- the point of a Constitution is to list the powers delegated to government by the people. If it doesn't say government can pick and choose who gets married and who doesn't, then they have no legal authority to discriminate in this fashion.
Yours in liberty,
<<< Starchild >>>
Dear Starchild and Robert and All Others;
This is the web site for the California State Constitution. Article 1. Section 1 and Article 1. Section 7.(a) appear to be the germane Articles referring to either the basic rights of safety, happines and privacy or equal protection. And also under the Equal Protection Clause of the 14th Amendment - Section 1 to the US Constitution.
Ron Getty
SF Libertarian
http://www.leginfo.ca.gov/.const/.article_1
http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html
Starchild <sfdreamer@...> wrote:
Robert,
I don't know what section it's from, but what's been referred to is a
clause guaranteeing "equal protection" under the law. This may be a bit
of a red herring, however -- the point of a Constitution is to list the
powers delegated to government by the people. If it doesn't say
government can pick and choose who gets married and who doesn't, then
they have no legal authority to discriminate in this fashion.
Yours in liberty,
<<< Starchild >>>
The state also does not allowing minors, closely related individuals, etc. to marry. Might those restrictions also be illegal on the same grounds? (Note: I'm not defending the state here, just trying to examine the legal issue)
Cheers,
-- Steve
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The state also does not allowing minors, closely related individuals,
etc. to marry. Might those restrictions also be illegal on the same
grounds? (Note: I'm not defending the state here, just trying to
examine the legal issue)
Minors are not legally able to give consent. (Whether that *should* be
true is an interesting question.) However, closely-related individuals, if
giving fully-informed consent, should be able to marry, however, disturbing
that idea to us. (Some people find same-sex relationships equally
disturbing.) I do not have an intellectual or legal problem with the idea
that adult first cousins or even siblings may wish to marry, however,
upsetting I find it emotionally. A parent-child relationship, however,
must at a minimum have the bar of consent set very high, as the potential
for coerced consent is a strong one.
~Chris
- --
"Reality is a pie of which I do not require another slice."
~ Shelley Winters, "Scary Go Round" by John Allison
Freelance text nerd: <URL: http://crism.maden.org/ >
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