Supreme Court Same Sex Marriage Argumet

[Anima]

I do have a question for all, yet, sadly it will put us back into the law but my question has legitimacy to it.

Ok, hear it is . . .

Marriage is under contract law and today it is now considered a fundamental right. Under the ideas of a fundamental mental right it cannot be denied or taken away. However, if it is under contract law and considered a contract (which many court rulings have :AKA Judge Judy ) that can be dissolved, then is divorce to become illegal? What of  annulments?

Because a contract  can be dissolved then how is it now considered a fundamental right if one can later on denied, (not want to stay in) and undo, (take way) the marriage contract?

It is also integrating that it is under contract law because it is the states, not the federal government, that can decide who enter into the contract, what it says, and if legal. Right now all same sex couple still must go to the county clerk’s off or some state office and ask for a state licenses. So are the states still in charge of the contract and do they have the same authority over them?

To be honest I am not sure. We will find out because someone will sue for it. Generally a marriage contract may be voided (aka divorce) by means of stating enforcement of the marriage contract upon an unwilling party in the marriage is unconscionable. To my knowledge unconscionable is not a sufficient justification for depriving a person a fundamental right.

In accordance with the logic of the ruling made in Obergefell the fundamental rights of the parties may not be voided by the State because the State considers it to be unconscionable to enforce. In which case I think you may be right and it will b come a matter of federal constitutional law if a party to a marriage does not wish to get divorced. I did not think of that. It will be interesting to see how it goes.