RE: Supreme Court Same Sex Marriage Argumet
June 2, 2015 at 8:52 pm
(This post was last modified: June 2, 2015 at 8:55 pm by Anima.)
(June 2, 2015 at 8:47 pm)Losty Wrote: There is absolutely no way you typed all of that so fast. Can I get a link to your copypasta?
Clearly you have not sat for a "race horse" question in a bar exam. Speed is the name of the game!!
I actually typed that a little slower as I had to make sure the terminology was matching what the Respondent said in his oral argument. I did include the transcripts for the oral arguments.
Link to oral arguments transcript:
http://www.supremecourt.gov/oral_argumen...1_3j4a.pdf
(June 2, 2015 at 8:50 pm)Losty Wrote: Also, marriage is clearly listed under privacy. All it says it the government cannot prohibit interacial marriage there is no reason why they can't change it to say the government may not restrict any marriage between to legally competent and consenting adults.
(June 2, 2015 at 8:49 pm)Anima Wrote: The majority position (that would be the majority of states) will accept mistake of fact as a defense to rape.
We got on the subject of marital rape because it was not possible at common law due to marriage being an implicit agreement to intimacy. However under the petitioners desired change to marriage the definition will become recognition and security centric such that marriage will not constitute and implicit agreement to intimacy. General opposition to child/adult marriage is based on opposition to the idea of child/adult intimate relations. If the definition is change than marriage will not imply intimacy and there is no reason under strict scrutiny to deny a child over the age of 5 years from engaging in a marriage.
This is one of the most desperate arguments I have ever read. You may as well have said ban gay marriage because cheese.
Not quite cheese. But it is something which becomes a concern when you create a fundamental right (which children over the age of 5 may exercise) Keep in mind a child can enter into a contract with an adult without parental consent. Parental consent is like cosigning. Because a contract is unenforceable against a child, while remaining enforceable against the adult, parental consent stipulates that the parents (as adults) shall be liable in the event the child decides to breach the contract.
