Quote:
Originally Posted by Solfy
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.
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But they do create classes of citizens who can partake of that particular activity. Voting has restrictions such as age, residency, sanity, etc. The more something falls into the category of a fundamental right the higher the degree of scrutiny legislation regarding that activity will face. The right to vote is probably a fundamental right of citizenship (in the US).
Denying a 7 year old a pilots license would result in far less scrutiny than denying that same child the right to go to school. It's a matter of whether or not there is a right involved. My point is that, given the recent SCOC ruling, I believe same sex marriage is NOT a fundamental right, at least, not in California.