Is Marriage a “Right”?

For the sake of clarity let’s put the biblical issue aside for one moment and discuss the legality of the Supreme Court’s quandary.  I’ve really been pondering this a lot over the last 24 hours and although I have no idea how the 9 appointed justices will feel about this argument, I honestly think that it isn’t even an issue that should be before them.  Why?  Well, let me tell you very succinctly from the view of my recliner.  Ready?

The fundamental fact here is that marriage is NOT a right. No document in our nation, of authority, which includes The US Constitution, Declaration of Independence, or even the Bill of Rights states that marriage is a “right” at all; therefore, the Supreme Court has nothing to rule on. It is a state issue (see the 10th Amendment) and if a state disapproves (by voting of the citizens) then so be it. Marriage is a privilege and if your state disagrees with your definition of marriage, call U-Haul to move to a state where it is OK or try to change your state’s law(s). It really is that simple.

However, for those who want to tout “life, liberty, and the pursuit of happiness” let me clarify that one as well: Life and liberty are pretty self-explanatory; the right to NOT be killed and to be free from tyranny (government control … lots could be said about that in today’s status … however I am digressing). The phrase “pursuit of happiness” was originally (per Thomas Jefferson) meant to signify owning estate or property but he reworded it to be more general and encompass a broader scope. The word “marriage” is not guaranteed as a right nor is it protected either. This is basic Constitutional Law. This same phrase also appears in the 5th and 14th Amendment, which again refers to life, liberty, and property.  Let us also remember that the word “pursuit” is used … that does not mean things are automatically granted, given, endowed, nor anything else.  You are free to pursue all you want … you are after-all free … but it doesn’t mean that everyone gets whatever they want either.

Disclaimer:  I am merely a preacher and not a law professor, but this one …… this issue ….. it was covered roughly in our 10th grade American history class and is something that every American should (already) know.


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