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Originally Posted by VinceZeb
A state could outlaw anything it wants as long as it doesnt go against the constitution.
So you are saying, in essence, if we outlawed animal/human marriages, we would be violating the rights of those groups?
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animals can't consent in the normal sense of the word. Hiding behinds state's rights in the way you are putting it is fallacious. Can states outlaw wearing purple on sundays? Can states outlaw eating ice cream on tuesday nights? I don't see those enumerated anywhere in the constitution or bill of rights, so I guess states could outlaw them then? um, no b/c that would be a denial of freedom of expression and outlawing ice cream on tuesdays probably wouldn't serve any legitimate purpose and would restrict the freeflow of commerce, respectively...it would be interesting.
You are right in saying "A state could outlaw anything it wants as long as it doesnt go against the constitution". What you fail to realize is that a part of the constitution is how it's been interpreted over the years by precedents of the Supreme Court, one of which is the fundamental right to marry, conceive and have a family, none of which are enumerated in any amendment or in the text of the constitution. Another would be freedom of association, no where enumerated yet considered a fundamental right as established by the 1st amendment impliedly.
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