Quote:
Originally Posted by Morgenstern
No, marriage is NOT a fundamental right. It's clearly a privledge. Marriage is, and has always been subject to legal restrictions and qualifications. As an example, You are not free to marry a 10 year old, neither are you free to marry 2 or 3 other people. You're not free to marry within a period of time following a divorce either. If it was a fundamental right, then the states would be subject to much greater scrutiny when it legislated restrictions regarding marriage.
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Voting is a fundamental right, but my 5yr old isn't allowed to vote. I'm not permitted to vote two times for the same candidate in a given election. In my state I'm not free to vote in a party's primary election if I'm not a registered member of that party, and I must register as a member within a stated time period before the primary.
Legal restrictions and qualifications don't make something a privledge.