A few weeks ago same sex marriage was a hot button topic and it made me think is marriage a right or privilege. As you can will imagine that question started a heated debate. Those that are against same sex marriages all seem to debate that marriage was a privilege, while those that are for same sex marriages debated marriage was in fact a right.
Of course is marriage a right or privilege, really has nothing to do with legalities of same sex marriages, even if same sex marriages haven't made it to Supreme Court(s) yet. Maybe I should explain why it really doesn't apply.
First thing is to define what is a right and what is a privilege via the U.S. Constitution and/or Supreme Justice(s).
RIGHT - This word is used in various senses: 1. Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2. It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3. It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.
Rights are perfect and imperfect. When the things which we have a right to possess or the actions we have a right to do, are or may be fixed and determinate, the right is a perfect one; but when the thing or the actions are vague and indeterminate, the right is an imperfect one. If a man demand his property, which is withheld from him, the right that supports his demand is a perfect one; because the thing demanded is, or may be fixed and determinate.
But if a poor man ask relief from those from whom he has reason to expect it, the right, which supports his petition, is an imperfect one; because the relief which he expects, is a vague indeterminate, thing.
Rights might with propriety be also divided into natural and civil rights but as all the rights which man has received from nature have been modified and acquired anew from the civil law, it is more proper, when considering their object, to divide them into political and civil rights.
Political rights consist in the power to participate, directly or indirectly, in the establishment or management of government. These political rights are fixed by the constitution. Every citizen has the right of voting for public officers, and of being elected; these are the political rights which the humblest citizen possesses.
Civil rights are those which have no relation to the establishment, support, or management of the government. These consist in the power of acquiring and enjoying property, of exercising the paternal and marital powers, and the like. It will be observed that every one, unless deprived of them by a sentence of civil death, is in the enjoyment of his civil rights, which is not the case with political rights; for a non-citizen, for example, has no political, although in the full enjoyment of his civil rights.
The Ninth Amendment basically declares that the listing of individual rights in the Constitution and Bill of Rights is not meant to be comprehensive; and that the other rights not specifically mentioned are retained by the people
And I won't even go into the 14th Amendment that does in fact support that marriage is in a fact a right (more on this in a minute)
The definition of privilege is as follows:
Benefit, immunity, etc., granted under certain conditions, the advantages and immunities enjoyed by a small usually powerful group or class, esp to the disadvantage of others one of the obstacles to social harmony is privilege.( Government, Politics & Diplomacy) any of the fundamental rights guaranteed to the citizens of a country by its constitution.
I agree not very enlightening so here's an example of a privilege, take driving. In the US driving is a privilege and everyone to legally drive must meet certain requirements such as age, ability, etc.. But the Civil Rights protects all people from discrimination, therefore no privilege's requirement can be un-constitutional. Civil Rights guarantees protection from discrimination based on gender, religion, race, sexual orientation, national origin, age, immigrant status, etc.
Rather marriage is a right or privilege truly doesn't come into play with same gender marriages, no matter how you look at it since no privilege can go against Civil Rights.
Remember I said I would go back to the Fourteenth Amendment, the Fourteenth Amendment was used in the landmark case of Loving v. Virginia to repeal anti-miscegenation laws, making interracial marriage legal. Via Wikipedia:
“The U.S. Supreme Court overturned the convictions in a unanimous decision, dismissing the Commonwealth of Virginia’s argument that a law forbidding both white and black persons from marrying persons of another race, and providing identical penalties to white and black violators, could not be construed as racially discriminatory. The court ruled that Virginia’s anti-miscegenation statute violated both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. In its decision, the court wrote:
“Marriage is one of the “basic civil rights of man,” fundamental to our very existence and survival…. To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State.”
As I have said many times the US Constitution is a wise and living document and in it's wisdom, the U.S. Constitution protects the rights of ALL people.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Just my thoughts