(June 3, 2015 at 5:32 pm)Parkers Tan Wrote:(May 29, 2015 at 11:37 am)Anima Wrote: As such, it would be illegal to place an age restriction upon the age of marriage.
Flawed logic. Children do not enjoy the full panoply of right enjoyed by adults.
We've kind of been over this. The argument's gone:
1. Children have limited rights.
>Response: Yes, but if it's a fundamental right, strict scrutiny is invoked and you can't restrict it unless you have a compelling reason and the restriction is the least restrictive means.
2. This is a true statement of the law, but a) strict scrutiny doesn't really mean strict scrutiny when it comes to children, b) there is a compelling interest here, and c) the imposition of an age limit would satisfy a least restrictive means test.
>Response: a) false b) false c) false.
Now, I mean, I've obviously argued that, charitably granting both the declaration of marriage as a fundamental right and taking this out of the equal protection realm (which I still think gets the job done), the overlay of youth-related diminished capacity to consent provides the compelling interest and that a structure such as "age of marriage 18, or 16 with parents' consent" will satisfy the least-restrictive means test in every court of law in this country. If it didn't, there could never be any age-based restriction on any fundamental right; the argument "you can always push the age a day younger, so no single restriction will be the least restrictive" is a sort of legal xeno's paradox that you have to get around by choosing a reasonable cut-off. This is permissible because, supposing some people have the mental capacity to avoid exploitation at the age of 12 and some will still lack it at age 16, the state's goal is to protect minors (or U16s or whatnot) as a class as well as individually. Leaving consent aside, it's clear that even though an 18/16 age cut-off would certainly infringe on the rights of those rare 14-year-olds who are more mature than most adults, this fact alone will not prevent the state from doing what it has to to protect minors as a class.
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.