What makes something a right and another thing a priviledge?
We normally consider driving to be a privilege and marriage a right. But how was that determined? What are the qualifiers?
Here in America our rights are mostly spelled out in various amendments to the Constitution. This includes stuff like freedom of speech, the right to bear arms, etc.
I see nothing that indicates that gay marriage is a constitutional right.
There are some complications though.
Amendment 9 states, "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
So this says that people may have the right to marry who they want even though the Constitution doesn't explicitly say so.
But then we have Amendment 10, which states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
So, my understanding is that regulation of gay marriage is left to the states and the voters. Proposition 8 should stand until the people vote it away.
Side: The Constitution
My apologies, posted this on the wrong argument.
You make a fantastic point, but technically shouldn't Amendment 9 should apply to Amendment 10 as well?
Shouldn't it be not allowed to discriminate against anyone even if a state votes on it?
And yes I'm positive Proposition 8 will be revoked in the future.
Side: The Constitution
If something can be taken away from you it is a privilege, not a right. No matter what the constitution says we have no rights, only privileges because the government can (and historically has) taken away our so called "rights." If you don't believe me read up on the Japanese Internment camps during WWII
The only right that we have for certain is the right to think freely for as long as we are still living.
No I disagree, though the Constitution has been ignored and defiled many times, that doesn't change the fact that humans have inherent rights. Governments cannot revoke rights without the express consent of the governed; and only in crisis that demand extreme, temporary measures. Your example of WWII internment camps does indeed demonstrate an instance where the United States government went beyond it's powers, but that does not imply that Americans do not have rights.
Rather it demonstrates why the second amendment was put in place: to ensure that if the government ever turned against its citizenry the people had the capability to respond with force if absolutely necessary to defend their rights. This right to revolution against tyranny is outlined in the Declaration of Independence:
"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness."