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Old 27th May 2009, 06:16 AM
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Solfy Solfy is offline
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Join Date: Mar 2009
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Good question. According to the wiki page (which I know is not authoritative, but I neeeded a starting point):
"Some rights generally recognized as fundamental are[citation needed]:

Right to life
Right to freedom of movement
Right to own property
Right to procreate
Right to freedom of association
Right to freedom of speech
Right to equal treatment or equal protection before the law (fair legal procedures)
Right to freedom of thought
Right to vote
Right to freedom of contract"

It goes on to recognize some rights that have been legally recognized but are not specifically in the Constitution:
"the right to privacy
the right to marriage
the right to procreation
the right to interstate travel" (why is procreation in both lists?)

Based on the first list, I think marriage can be reasonably extrapolated as a right based on those fundamental rights listed in the first list, particularly freedoms of contract and equal treatment under the law.
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