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View Diary: Poll finds new high in support for marriage equality, with young people leading the way (38 comments)

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  •  The "money quote" from Judge Jones' decision, (6+ / 0-)

    altho I don't think he is the first judge to say so, is this -

    The right Plaintiffs seek to exercise is not a new right, but is rather a right that these individuals have always been guaranteed by the United States Constitution.
    THAT is what makes these laws unconstitutional - the illegitimate attempt to withhold from some citizens rights that have always been theirs to enjoy.

    The judge's decision cites much history showing society's efforts to make sure gay people are seen as "lesser."

    When people understand exactly what this judge says, they will not be able to maintain their own illegitimate condemnations.

    •  That line seems to be going back (4+ / 0-)
      Recommended by:
      AJayne, atdnext, leevank, Steveningen

      to Loving v. Virginia and Chief Justice Warren's

      Marriage is one of the "basic civil rights of man"

      from that decision.

      And since there is no requirement that couples be able to procreate when issuing a marriage license, it makes no sense to hold that as a justification for restricting marriage to heterosexual couples only.

      There's only one rule that I know of, babies -- goddammit, you've got to be kind. -- Kurt Vonnegut

      by Cali Scribe on Wed May 21, 2014 at 08:23:06 AM PDT

      [ Parent ]

      •  Indeed (2+ / 0-)
        Recommended by:
        atdnext, Steveningen

        Since this country was founded on the rights of individuals to pursue their own destinies, with the design for laws being to restrict behaviors that harm others (or limit the legitimate rights of others), no justification will ever be found for denying marriage rights to consenting adults.

    •  Indeed, Judge Shelby said in the Utah case (4+ / 0-)
      Recommended by:
      atdnext, leevank, ahumbleopinion, Odysseus
      Because the right to marry has already been established as a fundamental right, the court finds that the Glucksberg analysis is inapplicable here. The Plaintiffs are seeking access to an existing right, not the declaration of a new right.

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