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Originally Posted by Aramike
I submit that it was never a right to begin with, and therefore the 9th does not apply.
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How do you define a "Right", then? I define it as something that is inherent, buy nature. By that logic I could claim that marriage itself isn't a "Right".
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Furthermore, the 9th Amendment has generally been applied to limiting the expansion of government RESTRICTIONS - defining marriage doesn't expand any restriction that hasn't already been in place. Rather, it merely better defines it.
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But it defines it with the express purpose of denying a segment of the population freedom of choice. That is by definition discrimination. There is nothing benign about this - this is an attempt to restrict the rights of certain people based solely on percieved morality.