(June 3, 2015 at 11:39 pm)Anima Wrote:(June 3, 2015 at 10:18 pm)Parkers Tan Wrote: Except that marriage is not a fundamental human right (whatever you mean by that), but rather, a legal right.
Children lack many legal rights. If you'd like, I'll be happy to supply an admittedly incomplete list, at your request.
Marriage is not a fundamental human right. It is a legal agreement between two consenting adults recognized by the state or federal government.
As for children entering into contracts, I'd like to see your reasoning, with legal source materials, because I think you're mistaken. Children in America cannot legally enter into contracts.
The Petitioners argument is that there is a fundamental right to marriage and that the definition of marriage should be not be procreation centric, but rather recognition or security centric. That is why we discussed it as a fundamental right.
It is not a fundamental right, it is a legal right. And furthermore, here in America, it isn't even listed in the Bill of Rights; in other words, the ability to marry is not an enumerated right. It could be argued that it should fall under the 10th Amendment, but at that point, its status as "fundamental" would seem to be severely undermined. Certainly a fundamental right would have an Amendment devoted to it, no?
Simply because a minor can void a contract in a more lax manner than an adult doesn't mean that the minor has the same -- or as you're insinuating, more -- rights as an adult. Firstly, the ability to more easily void a contract is only one specific privilege; but minors don't have the same rights to privacy or speech that an adult enjoys. Secondly, there must be court approval in most cases of a minor entering into a contract at all -- which fact in itself is a significant derogation of a minor's rights.
And none of this addresses my point, which is that minors aren't free to engage in marriage before specific, stipulated years, which fact means that minors do not enjoy the full panoply of rights that adults do, which was my point.
Can a five-year-old marry a three-year-old without parental input? Can a ten-year-old consent to sex with an adult? Can a twelve-year-old take out a car loan, legally?
Minors don't have the same rights as adults. This aspect of your argument is flawed.