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Old 09-21-2014, 03:35 PM
 
11,768 posts, read 10,257,576 times
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Quote:
Originally Posted by pghquest View Post
No they havent.. You have to APPLY for a marriage license.. The states even charge a "tax", for the priviledge of obtaining it..

The Supreme Court has ruled that the act of marriage contributes to the pursuit of happiness, not that its a right..
So, just to clarify, when the SCOTUS called marriage a right they really meant it is a privilege and all the courts were just too stupid to call it a privilege, right?

Meyer v. Nebraska, 262 U.S. 390, 399 (1923): The right “to marry, establish a home and bring up children” is a central part of liberty protected by the Due Process Clause.

Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 541 (1942): Marriage one of the basic civil rights of man,” “fundamental to the very existence and survival of the race.”

Griswold v. Connecticut, 381 U.S. 479, 486 (1965): “We deal with a right of privacy older than the Bill of Rights—older than our political parties, older than our school system. Marriage is a coming together for better or for worse, hopefully enduring, and intimate to the degree of being sacred. It is an association that promotes a way of life, not causes; a harmony in living, not political faiths; a bilateral loyalty, not commercial or social projects. Yet it is an association for as noble a purpose as any involved in our prior decisions.”

Loving v. Virginia, 388 U.S. 1, 12 (1967): “The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.”

Zablocki v. Redhail, 434 U.S. 374, 384 (1978): “[T]he right to marry is of fundamental importance for all individuals.”

Turner v. Safley, 482 U.S. 78, 95 (1987): “[T]he decision to marry is a fundamental right” and an “expression[ ] of emotional support and public commitment.”

M.L.B. v. S.L.J., 519 U.S. 102, 116 (1996): “Choices about marriage, family life, and the upbringing of children are among associational rights this Court has ranked as ‘of basic importance in our society,’ rights sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect.”

 
Old 09-21-2014, 03:36 PM
 
Location: Wasilla, Alaska
17,823 posts, read 23,442,152 times
Reputation: 6541
Quote:
Originally Posted by pghquest View Post
No they havent.. You have to APPLY for a marriage license.. The states even charge a "tax", for the priviledge of obtaining it..

The Supreme Court has ruled that the act of marriage contributes to the pursuit of happiness, not that its a right..
Actually, the Supreme Court held in Loving v. Virginia, 388 U.S. 1 (1967) that marriage was an inherent right, although they did not define what marriage was. That does not mean States cannot license or tax marriage. We also have freedom of the press, and they are also licensed and taxed. Licensing and/or taxing something does not automatically make it a privilege.
 
Old 09-21-2014, 03:37 PM
 
69,368 posts, read 64,081,664 times
Reputation: 9383
Quote:
Originally Posted by hammertime33 View Post
I know of no other instances where a state has refused to recognize a legal change of name issued by another state. Do you?
Name change - Wikipedia, the free encyclopedia

Usually a person can adopt any name desired for any reason. As of 2009, 46 states allow a person legally to change names by usage alone, with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change
 
Old 09-21-2014, 03:43 PM
 
69,368 posts, read 64,081,664 times
Reputation: 9383
Quote:
Originally Posted by Glitch View Post
Actually, the Supreme Court held in Loving v. Virginia, 388 U.S. 1 (1967) that marriage was an inherent right, although they did not define what marriage was. That does not mean States cannot license or tax marriage. We also have freedom of the press, and they are also licensed and taxed. Licensing and/or taxing something does not automatically make it a privilege.
The Supreme Court has routinely stated that we can not tax rights, for example, the right to vote can not come at a price to obtain ID, which is why states provide them for FREE

Loving v Virginia was over turned because it violated the Equal Protection and Due Process, not that it was an inherent right, and while they mentioned it as a personal right, personal rights are covered in the Delcaration of Independence under the pursuit of Happiness, not the Constitution which doesnt mention Persuit of Happiness once.

You are mixing up personal rights, with rights mentioned from our founding fathers who believed come from our creator. They arent the same
 
Old 09-21-2014, 03:44 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,735,298 times
Reputation: 15482
Quote:
Originally Posted by pghquest View Post
Name change - Wikipedia, the free encyclopedia

Usually a person can adopt any name desired for any reason. As of 2009, 46 states allow a person legally to change names by usage alone, with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change
Hmmm. So we are back to the original question. Her name change was established legally in the state of California. Her name change was motivated by her marriage, but marriage is not the only arena in which her changed name is legally recognized.

Does Texas require a Texas court order to validate name changes legally established in other states?
 
Old 09-21-2014, 03:47 PM
 
14,917 posts, read 13,095,708 times
Reputation: 4828
Quote:
Originally Posted by jacqueg View Post
Does Texas require a Texas court order to validate name changes legally established in other states?
Apparently yes - but only if you're gay.
 
Old 09-21-2014, 03:50 PM
 
69,368 posts, read 64,081,664 times
Reputation: 9383
Quote:
Originally Posted by hammertime33 View Post
Apparently yes - but only if you're gay.
Or Common law marriage etc..

Just stop the "if your gay"
 
Old 09-21-2014, 03:50 PM
 
11,768 posts, read 10,257,576 times
Reputation: 3444
Quote:
Originally Posted by pghquest View Post
The Supreme Court has routinely stated that we can not tax rights, for example, the right to vote can not come at a price to obtain ID, which is why states provide them for FREE

Loving v Virginia was over turned because it violated the Equal Protection and Due Process, not that it was an inherent right, and while they mentioned it as a personal right, personal rights are covered in the Delcaration of Independence under the pursuit of Happiness, not the Constitution which doesnt mention Persuit of Happiness once.

You are mixing up personal rights, with rights mentioned from our founding fathers who believed come from our creator. They arent the same
A right is a right. Our rights do not come from the government and as such the rights do not cease to exist just because they are not spelled out.
 
Old 09-21-2014, 03:52 PM
 
69,368 posts, read 64,081,664 times
Reputation: 9383
Quote:
Originally Posted by lycos679 View Post
A right is a right. Our rights do not come from the government and as such the rights do not cease to exist just because they are not spelled out.
I agree, which is why marriage is NOT a right, neither is a drivers license..

You cant do either without government approval.
 
Old 09-21-2014, 03:54 PM
 
14,917 posts, read 13,095,708 times
Reputation: 4828
Quote:
Originally Posted by pghquest View Post
Or Common law marriage etc..
If Texas recognized common law name changes - as you're telling me they do - then why is there a problem at all?

If Texas recognizes common law name changes, then all this woman would have to do is tell the DMV what her name is (be it Carnie Wilson, or Carnie (Maiden Name), or Refrigeratorface Fartbutt) and they'd print it on her ID.

Quote:
Just stop the "if your gay"
If she were straight, would Texas have recognized her legal name change and given her a driver's licence?
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