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Judge Walker to find fundamental right to SSM?

Posted by Maggie on Wednesday, June 16th at 2:07pm

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Maggie: OK, Judge just announced SSM is a fundamental right: "and in this case marriage is a deeply rooted fundamental right. And a right that extends to all persons, whether they are capable of producing children, whether they are incarcerated, whether they are behind in their child support. There really is no limitation except a gender limitation."

Take bets, he is first judge to find a fundamental right to SSM? And upholds an equal protection claim on gender--that's the point of the scrutiny of the marriage registrars?

Comments

John K. Noe June 16, 2010 4:51 pm	Yes he will because he is gay and liberal. Liberals do not care about the constitution. They make up things as they go. Use the courts to force legislation. His argument that SSM is constitutional becasue of gender if idiotic. There is no where in the constitution that says if you do not obey the law, you make up your own and claim you only want to be eqaul. Perfect example: There was an Ohio man who walked into the library barefoot. He was kicked out. He filed a lawsuit that his civil right to use the library was denied. According to him he has an equal right to walk into the libary barefoot the same as the guy with shoes. Does this make sense? Is this equality? Guess what. That is the argument that this Judge will have to base his argument on.
ltcpilot June 16, 2010 7:38 pm	Judge Walker forgot about the limitations on marriage of close relatives, or for marrying more than one person. If he finds a Fundamental Right to Marriage of anyone you choose, then Polygamy and Adult incest Marriage won't be far behind.
CAD June 17, 2010 9:21 am	Assume that this statement from the Judge is accurately transcribed: "And a right that extends to all persons, whether they are capable of producing children, whether they are incarcerated, whether they are behind in their child support. There really is no limitation except a gender limitation." It does, as Maggie writes, likely point to his establishing SSM as a fundamental right. But the statement itself is fundamentally wrong. Gender is not the only limitation in the law: age, consanguinity, plural participants (bigamy or polygamy) -- all factor in the law as limitations. The judge refers perhaps to cases decided by the court that have addressed particular limitations, but in none of those cases was the opposite-gender "limitation" even at issue. Even Loving v. Virginia is best viewed not as courts changing the definition of marriage, but as insisting on the natural, pre-political definition of marriage as the union of one adult man and one adult woman, without limitation. If Judge Walker goes as far as his rhetoric implies, his ruling will imply the end of these other limitations on marriage as well, with the exception, I would presume of the age of the parties. But I am reading a nuance into his words where, it appears, none was offered.

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Judge Walker to find fundamental right to SSM?

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