Ron Drummond (![[info]](http://l-stat.livejournal.com/img/userinfo.gif){kind=small} ron_drummond) wrote,@ 2008-10-09 22:49:00 |
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Denying the Right to Deny a Right
Both supporters and opponents of gay marriage might want to refamiliarize themselves with the Ninth Amendment:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Bill of Rights did not grant us any rights, rather, it recognized and enumerated some (but not all) of the rights we already have by virtue of being human beings. Far from granting any rights, the Bill of Rights affirms that the government cannot take the People's rights away. The Ninth Amendment's purpose is to acknowledge that there are other rights which are not mentioned in the Bill of Rights, and to affirm that the people still have those rights, even though they aren't mentioned in the Bill of Rights.
Given this, it seems clear to me that one crucial measure of whether a right is protected by the Ninth Amendment is this: would such a right infringe on the rights of others? If it inherently constitutes, or is likely in and of itself to cause, an infringement of the rights of others, I think it's safe to say that it would not and should not be recognized as a right.
If you are married, then your marriage is between you and your partner and your god (if any). Period! Its your mutual responsibility. Anyone who claims that another couple's marriage somehow infringes on their own marriage is a coward as far as I'm concerned -- how dare you blame your own marital problems on the fact that a gay couple somewhere got married because they love one another? The "integrity of marriage" is only as good as the marriage you and your partner are a party to.
To deny other adult human beings the right to marry one another because they share gender is to infringe on their rights, which means the so-called "right" of an individual or government to enforce such a denial fails the test stated above and thus should not be recognized under the Ninth Amendment -- and is therefore no right at all.
To repeat: denying the rights of gays to marry is itself not a right under the Constitution, and thus all anti-gay marriage laws should be struck down by definition.
Both supporters and opponents of gay marriage might want to refamiliarize themselves with the Ninth Amendment:
"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
The Bill of Rights did not grant us any rights, rather, it recognized and enumerated some (but not all) of the rights we already have by virtue of being human beings. Far from granting any rights, the Bill of Rights affirms that the government cannot take the People's rights away. The Ninth Amendment's purpose is to acknowledge that there are other rights which are not mentioned in the Bill of Rights, and to affirm that the people still have those rights, even though they aren't mentioned in the Bill of Rights.
Given this, it seems clear to me that one crucial measure of whether a right is protected by the Ninth Amendment is this: would such a right infringe on the rights of others? If it inherently constitutes, or is likely in and of itself to cause, an infringement of the rights of others, I think it's safe to say that it would not and should not be recognized as a right.
If you are married, then your marriage is between you and your partner and your god (if any). Period! Its your mutual responsibility. Anyone who claims that another couple's marriage somehow infringes on their own marriage is a coward as far as I'm concerned -- how dare you blame your own marital problems on the fact that a gay couple somewhere got married because they love one another? The "integrity of marriage" is only as good as the marriage you and your partner are a party to.
To deny other adult human beings the right to marry one another because they share gender is to infringe on their rights, which means the so-called "right" of an individual or government to enforce such a denial fails the test stated above and thus should not be recognized under the Ninth Amendment -- and is therefore no right at all.
To repeat: denying the rights of gays to marry is itself not a right under the Constitution, and thus all anti-gay marriage laws should be struck down by definition.
