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negative liberty

Is Marriage a Constitutional Right or Merely a Governmental Benefit?

June 23, 2009

     Under the Constitution the government is not obligated to grant us benefits.  However, the Constitution prohibits the government from interfering with our fundamental rights.  Is marriage a right or a benefit?  The question obviously has legal significance, but it also has important political consequences.  Nate Silver of FiveThirtyEight points out that public attitudes towards same-sex marriage seem to be [...]

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