alt.education

"Bill's News" wrote:
>> Marriage is a fundamental right. It is not something that
>> society has
>> the right to approve or disapprove.
>>
>
>I don't know about "fundamental," traditional certainly - at
>least as much of western culture practices it.

I was referring to the USSC decision, which used that exact word.

From the court decision that invalidated miscegenation laws:

<
< of law in violation of the Due Process Clause of the Fourteenth
< Amendment. 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.
<
< 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 discriminations. 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.

Replace "Race" by "sexual preference" and the argument is identical
and equally valid.

lojbab