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To: nufsed
So can people walk nude down the street since it might make them happy and it's among the gadzillion unenumerated rights the people retain?

Your argument is absurd. It's based on an assumption that the present-day, mindless political fetish the left has developed for homosexuality overrides the entire constitutional history of America, repeals a thousand years of Anglo-Saxon common law, nullifies the historical traditions of every great civilization that ever existed, crushes the Judeo-Christian heritage of Western Civilization, and repeals the right of the people to self-government, one of our Founders’ most cherished representations.

I need not even get into the issue of nature itself (how can two people of the same sex mate?) and the obvious purpose of marriage in the first place being antithetical to people of the same sex participating in it.

You're at a complete loss to explain why no one, and I mean literally NO ONE, ever claimed there was a “right” to same-sex “marriage” until the “modern” era of leftist judicial activism and the trashing of our culture. The Founders didn't grapple with this issue and come up with a compromise, a la slavery. They didn't even discuss it. If someone had popped up at the Constitutional Convention and suggested that there existed a “right” to same-sex “marriage”, they'd have had him locked in a loony bin.

There are indeed such things as unenumerated rights, but by definition they are things that are obvious to the general function of a free society. The right to travel, for example, though even that can be restricted in some cases, just as the enumerated right to free speech can sometimes be limited (noise ordinances, etc.).

You might just as well assert that pet owners have a “right” to a child tax deduction. After all, their pets make them happy, right? So the “right” to regard one’s pet as a surrogate child and to be treated “equally” by society and government in pursuit of your “happiness” obligates the state to toss out tax deductions to everyone with a parakeet. What's that? Historically we've never regarded pets as being the same legally as children? Well, who cares? We want people to be happy and free, so we'll just force society to treat pet ownership as being the same as having a child. And if a business won't allow dogs or pigs inside, then we'll pass a law banning “discrimination”. After all, they let kids in, why not tarantulas and monitor lizards? And since we fund child adoption programs, we must also use tax dollars to fund pet adoption programs. In fact, unless Catholic Charities spends as much time helping people adopt pets as they spend helping them adopt kids, we'll ban them from state funded adoption programs.

There has never been a “right” to same-sex “marriage” and it's Newspeak to claim that there is one. It's beyond the pale for you to claim that it's self-evident but that no one noticed until particularly brilliant people such as yourself, Barney Frank, and Gavin Newsom came along and ran intellectual rings around James Madison.

222 posted on 10/29/2008 7:28:46 AM PDT by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: puroresu
"Your argument is absurd. It's based on an assumption that the present-day, mindless political fetish the left has developed for homosexuality overrides the entire constitutional history of America, repeals a thousand years of Anglo-Saxon common law, nullifies the historical traditions of every great civilization that ever existed, crushes the Judeo-Christian heritage of Western Civilization, and repeals the right of the people to self-government, one of our Founders’ most cherished representations."

If you knew anything about history or the law, you'd know this won't be the first time.

231 posted on 10/29/2008 10:57:56 AM PDT by nufsed
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