Same-sex marriage
Someone complaining about the Obama claim that the "Constitution guarantees same-sex marriage in U.S." stated "Where? I don't remember marriage being addressed in the constitution. In fact, I'm pretty sure it is supposed to be a state issue, NOT a federal issue."
People like to complain about other people and problems but if the solution points to their own problem or error then they get all upset. Complaining is something people do so that they do not have to look at their own error.
Of course the constitution does guarantee a right to contract in Article I, Section 10, Clause 1: Obligation of Contract.[1]
Marriage licenses are contracts. Marriage Contracts use to be made by the parents and the couple although people like Herr Carl Marx, Doctor of Philosophy, resident in Cologne, and Fräulein Johanna Bertha Julie Jenny von Westphalin, without occupation, resident in Kreuznach, June 12, 1843 simply wrote up their own MARRIAGE CONTRACT containing the terms of their union.
For most of Western history, marriage was a private contract between two families. Until the 16th-century, Christian churches accepted the validity of a marriage on the basis of a couple’s declarations. If two people claimed that they had exchanged marital vows—even without witnesses—the Catholic Church accepted that they were validly married. A marriage license is a document issued, either by a church and its Sacred tradition or holy tradition or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between countries and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal because of the manner or condition of the couple.
In old English law, “Marriage is used in the sense of ‘maritagium,’ (qv) or the feudal right enjoyed by the lord or guardian in chivalry of disposing of his ward in marriage.”Ref>Black’s 3rd. Ed. p. 1164.</Ref>
Today, they are a legal requirement in some jurisdictions and may also serve as the record of the marriage itself, if signed by the couple and witnessed. Those legal requirements are attached to the person in relationship to the state marriage which is a contract not merely between the parties of man and woman but include the state.
- "Marriage is a civil contract to which there are three parties - the husband, the wife and the state.Van Koten v. Van Koten. 154 N.E. 146.
“Civil rights are such as belong to every citizen of the state or country, or, in a wider sense to all its inhabitants, and are not connected with the organization or the administration of government. They include the rights of property, marriage, protection by laws, freedom of contract, trial by jury, etc.” [2] Here we see "marriage" is "not connected with the organization or the administration of government".
But the same dictionary goes on to say “as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in civil action. Also a term applied to certain rights secured to citizens of the United States by the thirteenth and fourteenth amendments to the Constitution, and by various acts of Congress made in pursuance thereof.” [3]
Today most marriages are connected to "organization or the administration of government". How is that so?
Through contract.
Some really ignorant people will say things like "Since marriage was NOT a right or privilege of citizenship, it could be limited or restricted by law in the various states."
Husband and wife is a domestic relationship based on natural right and social contract and in its beginning is not connected to civil government or political privileges unless we choose to make it so.
== Footnotes ==
- ↑ Article I, section 10, clause 1. It states: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
- ↑ Right. In Constitutional Law. Black’s 3rd p. 1559.
- ↑ Right. In Constitutional Law. Black’s 3rd p. 1559.
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