Since the Constitution says "the pursuit of happiness"...?

Question

shouldn't that mean that they should be entitled to their right of marrying whoever makes them happy? Why don't people realize this? And they are not harming anyone or taking away from anyone's rights by doing it.
Your thoughts?

Oh! And please...please don't inundate me with that Christian point of view stuff. I am not looking to bring personal religion into this matter. And we shouldn't, because that would be rediculous.

And i'm talking about GAY RIGHTS if you didn't realize it.

Your Best Fiend, so was I lied to all my life when people had said that you are entitled to your own pursuit of happiness, as long as it doesn't infringe on the rights of others or the laws of your society?

Answer 1

The pursuit of happiness is in the preamble, and doesn't technically have any legal representation. It's simply stating that in any government: Life, liberty, and the pursuit of happiness should be the driving force behind any government.

Which is true. People don't seem to realize that the government is not their to police our morals, but to protect them.

I cannot see the legal grounds for making gay marriage illegal. It doesn't fit with American ideal of liberty.

But there are bigger problems than gay rights. Like...I don't know, the fact that the terrorist detainee bill makes pretty much anyone Americans included, easily definable as an "enemy combatant."

The vague terms used essentially make it possible for a protester to be labeled as an enemy combatant, and along with the other vague terminology, subject to possible tortures including sexual abuse of a child.

True, this is a worst case scenario, and I don't see it happening, but the fact that technically the president could have that done and not be violating any laws, or be liable to the law...Well I don't like that one bit.

Answer 2

This is more of a philosophical question, I believe, than an actual question about a Constitutional point of law. The Constitution says nowhere that people are entitled to marry whomever they choose (or in some cases "whatever" they choose...I only say that because there are people out there that want to marry animals...I am in no way equating that with persons that are interested in same-sex unions.) All I can say is that it will not happen overnight. Just think, prior to the 1960's it was illegal for mixed-race marriages. It will happen, it is only a matter of time. And, the Constitution does not guarantee us happiness, just the pursuit of it. Smart guys that wrote that, huh?

Answer 3

I think the part of the Constitution you are trying to refer to is the Civil Rights Act. I agree with some of your other answers that the Declaration of Independence speaks about the pursuit of happiness and a whole bunch of other things like how the country should be ruled. Anyway, back to the question.

As far as marriage. I'm not a believer in it anyway. Been there done that. Back in the day a woman became the man's chattel (property). Just my opinion but it seems like that mentality never left. Once married everything seems to change.

As far as Gay marriage. This country is still young and ignorant. There are too many prejudices here. People get upset about schools taking their kids to art museums with classic paintings that have nudity in them.

Unfortunately you have groups of people who think their way is the right way and insist on people living by their values, their hypocricies!!

I think if two people love and care for each other then make a commitment between yourselves. If you are Gay then there are ways to protect yourself and your loved one legally.
- One is you can move to a state that has domestic partnership laws which has all of the entitlements of marriage..i.e. California, Mass, Vermont.
- Two..draw up a will.
- Three, if you purchase a house make sure both names are on the title.
I personally believe there and know there is no need for all of this drama on Gay marriage. Just live your life and be in love.

Answer 4

The Constitution says NOTHING about 'the pursuit of happiness'. It IS mentioned in another Founding Document, the Declaration of Independence. Don't feel bad; a lot of supposedly smart people (such as Yale Law grad former President Clinton) make the same mistake.

Of course, the right to pursue happiness is one of those rights referred to in the ninth article of the Bill of Rights as not being 'disparaged' due to not being 'articulated'.

That being said, you are correct that the government should have no bearing on to whom a person gets married. The only 'legitimate' interests government should have in marriage are to make sure that the marriage is not entered into via force or fraud, and that the terms of the marriage 'contract' are enforced.

The very concept of petitioning the state for permission to marry, the most fundamental of human interactions, is reprehensible in a free society. It hearkens back to feudal times when, if James the shepherd and Mary the laundress wanted to marry, they had to ask their Lord for permission to do so. The Lord, if amenable, would grant his permission, reserving his 'right' to lie with Mary on their wedding night.

We booted out the Lords and King 230 years ago. Why are we putting up with this nonsense today?

Answer 5

I think it should be the right of people to marry whomever they want to - no matter what the sex of the other person is.

It makes me shake my head that they sit and try to figure out how to legislate this, when they will never be able to. As long as the bible comes into play, then it can't be legislated. With the bible saying it's wrong being the only reason, then no one will ever get it to make it through the courts - no matter how conservative or Christian the supreme court is.

I laugh to think that with all of the war, poverty, dying and killing there is going on in the world, the thing that is on everyone's minds in the government is if a man should be able to marry another man. When you look at it like that, it is rather insignificant, isn't it??

Answer 6

The"pursuit of happiness" is vague. The fact of the matter is that we live in a police state. Most of our"rights" are quite imaginary.You understand this clearly if you ever have been given a subpoena or summons. Failure to appear will land you in jail.
The right to fully "pursue happiness" is something that only exist in a utopia.The constitution endeavors to make us a more perfect union...to pull us into a state of utopia. But to achieve utopia may be quite impossible.

Answer 7

You may have heard of something called a marriage license.
A license is a legal document giving official permission to do something. The key word here is permission.

You do not have a right to marry who ever you chose you must ask permission.

Sometimes I think lawyers only want gay marriage so they can make a ton of money from gay divorce!

Answer 8

If you will check your US history. When the part was written that says pursuit of happiness, It was talking about owning land and being a land owner. It had nothing to do with whom you can or can't marry.

Answer 9

It says you can pursue it, doesn't necessarily mean you'll get it.

I'm all in favor of gay marriage. I don't understand why people won't let you live the life you ARE. Everyone has to b*tch about something, even though a gay couple is never going to affect their life in any fashion.

Answer 10

My whole take on it is if they call "marriage" the union of a man and a woman, can't they call a gay marriage a "civil union" and give them all the same rights and privilieges, yet "still preserving the 'sanctity' of marriage." What would be the harm in that?

"What's in a name?"
Shakespeare