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Banning certain state recognition of marriages, sure. I know you agree with this.

264

Already do. Can’t legally marry a minor. Or a goat. Or multiple people.

265

Go for it, the text of the law from Virginia at the time was included in the Loving decision and I’ve posted it. Then provided a link to a historical case about the page noting the definition of colored at the time.

If you have other evidence, feel free to present it.

WW

266

Again. It seems like you stopped reading at the 2nd and called it a day.

The 9th tells us that the constitution is not, nor intended to be an exhaustive list of rights.

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267

Well, as the man said regarding the 2nd, no right is absolute. This would include unnumerated rights.

268

The question asked in the post.

269

So why not homosexuals and race?

270

Ibid…

271

I have already agreed to that. How do we add them per the Constitution?

272

Add them to what?

WW

273

Ideally, they are legislated, but since legislatures are notorious violators of civil rights, the judiciary is required to intervene. And yes, sometimes they get it wrong, but it’s the system we have.

Again, I think the basic rule if thumb would be the expansion of rights, and the dismissal of prejudice based rules.

274

How do we determine that a right is a right?

275

I was asking where is this list of rights is enumerated and what the part “per the Constitution” means.

I’m not familiar with a Constitutional requirement to add rights to a list somewhere.

WW

276

The right to privacy, for instance

You want the Texas sex police to see if there is sodomy going on in Texas.

Or do people have the right of privacy.

Allan

277

That is what he is trying to get at though. How do we determine a right is a right, if it is not enumerated? Once a right is litigated, we can look at the law, and there it is. But until then, it’s a notion. Legally speaking.

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278

Very true.

I knew what he was getting at. LOL

So I can think of 3 ways in which government recognizes a right, note the use of the term recognizes in lieu of enumerate:

  • Amend the Constitution,
  • Enact laws,
  • Through litigation.

WW

279

The list of rights.

280

Now we’re back to SCOTUS creating rights. Which is what I said.

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“Prejudice” is a very big word.

282

Exactly.