Okay so in the wake of the religious arguments and the linguistic arguments, (and those arguments aside) I thought I would take a look at this proposition from the legal/democratic aspect. So bear with me.
RIGHT Socially approved, desirable, or influential: to go to the right schools and know the right people.
A just claim or title, whether legal, prescriptive, or moral: You have a right to say what you please.
That which is due to anyone by just claim, legal guarantees, moral principles, etc.: Freedom of speech is a right of all Americans.
PRIVILEGE A grant to an individual, corporation, etc., of a special right or immunity, under certain conditions.
The principle or condition of enjoying special rights or immunities.
An advantage or source of pleasure granted to a person
http://dictionary.reference.com/ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
The Bill of Rights Okay, so we notice here (I hope) the difference between a right and a privilege and we see the first amendment to the Constitution and beginning of the Bill of
Rights. Further, as I have scoured the Constitution from beginning to end and found no mention of marriage anywhere within the body, my conclusion is thus: marriage is a privilege and its qualifications, as seen in the election, are consequently governed by the people. All ethical/moral arguments aside this makes sense to me in keeping with the spirit of the Constitution and the Founding Fathers intent.
I'm interested to know what other people think.
Note: I'm only interested in the legal aspects of Prop 8; moral arguments for or against are for another thread.
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