(June 30, 2015 at 4:00 pm)Anima Wrote: (I am still waiting to hear the states compelling interest for denying recognition of adult/child relationships that convey added dignity and security)
And I'm still telling you it's diminished capacity to consent: Children as a class do not have the same ability as adults to determine what is in their best interest, and the state has a compelling interest in making sure children aren't exploited, sexually, monetarily or otherwise.
More importantly: even if you are absolutely 100% convinced that this isn't a proper distinction, it doesn't matter, because every Judge in the United States will say it is.
Or, hell, they'll find some other justification for it. I'm sure that a proper search in the process of writing an opinion would reveal all sorts of justifications. My point is that your insistence on this as an "issue" simply demonstrates that you're living in text-book, law school land, not the real world. Judges aren't going to look at Obergefell, say "wait, this allows child marriage!," and start overturning Obergefell. What they will do is say "obviously, child marriages aren't legal," and then use Obergefell and the rest of US law to tell you exactly why. Whether you agree with their reasons is matter of opinion and interpretation.
TL;DR: legal realism
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.