(May 29, 2015 at 11:46 am)Anima Wrote:
Scalia is arguing that if the right is granted by the State it may be restricted under reasonable, heightened, or strict scrutiny. Presently age restriction to marriage have been argued under reasonable scrutiny.
(Reasonable Scrutiny = The state must have a legitimate interest and the discrimination must be reasonably related to the furtherance of that interest).
But, surely, an age restriction on marriage would survive not only Rational Basis Scrutiny (which I take your word for that it's evaluated under now) but also Strict Scrutiny, yes?
How will we know, when the morning comes, we are still human? - 2D
Don't worry, my friend. If this be the end, then so shall it be.
Don't worry, my friend. If this be the end, then so shall it be.