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  1. #1
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    Should Gay Marriage be protected by the 9th amendment?

    The 9th amendment:

    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    In other words, there are certain rights that should be retained by the people. So my question is this: Do you think that gay marriage, as a right to a gay person, should be protected by the Constitution? Why or why not?

    Personally, I believe that it should. However, I also believe the right can be obstructed due to the tenth amendment. So, what do you think?
    Good people and bad people both make mistakes. The difference is that good people learn from their mistakes, and bad people do not. - Otto Frank

  2. #2
    Genocidal
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    Re: Should Gay Marriage be protected by the 9th amendment?

    To be honest I believe gay marriage should be protected even if I don't always feel comfortable with it. It is technically alienating a sect of the population and just because they don't have the same preferences of the majority does not mean they should be discriminated against.

  3. #3
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    Re: Should Gay Marriage be protected by the 9th amendment?

    I don't think that this applies, the amendment is a catch all to prevent conflicts, IE my freedom of speech cannot be used to trump your right to peaceful assembly. It is specifically refering to other rights enumerated in the Constitution.
    "Suffering lies not with inequality, but with dependence." -Voltaire
    "Fallacies do not cease to be fallacies because they become fashions. -G.K. Chesterton
    Also, if you think I've overlooked your post please shoot me a PM, I'm not intentionally ignoring you.


  4. #4
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    Re: Should Gay Marriage be protected by the 9th amendment?

    Quote Originally Posted by Squatch347
    I don't think that this applies, the amendment is a catch all to prevent conflicts, IE my freedom of speech cannot be used to trump your right to peaceful assembly. It is specifically refering to other rights enumerated in the Constitution.
    Never thought of it like that. Bravo.
    Good people and bad people both make mistakes. The difference is that good people learn from their mistakes, and bad people do not. - Otto Frank

  5. #5
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    Re: Should Gay Marriage be protected by the 9th amendment?

    Quote Originally Posted by Epith View Post
    Never thought of it like that. Bravo.
    I disagree. I think the text of the 9th Amendment is clear that the enumeration of certain rights (such as free speech, or bearing arms) does not mean that those enumerated rights are the only ones we actually have.

    I note that you did not ask whether same-sex marriage (which is really what is meant by "gay" marriage) actually is a right protected by the 9th Amendment, only whether same-sex marriage should be Constitutionally protected--that is, whether or not I think that the Constitution should--not does, but should--protect same-sex marriage.

    That's a more difficult question to answer, I think.
    If I am capable of grasping God objectively, I do not believe, but precisely because I cannot do this I must believe. - Soren Kierkegaard
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  6. #6
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    Re: Should Gay Marriage be protected by the 9th amendment?

    If that is the intention though, it seems somewhat of a duplicate of the tenth amendment, which specifically reserves the rights not explicitly in the constitution to the people and the states.
    http://civilliberty.about.com/od/equ..._amendment.htm
    Interesting article that seems to side more with Clive, either way I think we run the risk of then discussing the difference between positive and negative rights....
    "Suffering lies not with inequality, but with dependence." -Voltaire
    "Fallacies do not cease to be fallacies because they become fashions. -G.K. Chesterton
    Also, if you think I've overlooked your post please shoot me a PM, I'm not intentionally ignoring you.


  7. #7
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    Re: Should Gay Marriage be protected by the 9th amendment?

    I think what other people do is there business. The question I ask myself is not, is it morally right or wrong to be a gay person and marry, its do I have any moral right to prevent someone else from doing something that does not harm me or anyone else in any way . Many religious people believe that gay people will ultimately go to hell, and that they are trying to save them from an eternity in fire, but even if I saw a stranger that wanted to jump off a cliff right now, I would not stop them because that is there choice and I have nothing to do with it.

 

 

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