Thursday, July 31, 2014

Recognition of same sex marriage: Reasoned vs. Legal argument - 2

Even when a person declares that he believes marriage should only be between different sexes that by itself does not imply a position against legal recognition for same sex marriage. That is because his believe could be based on starting from point zero while his position for legal recognition of it could be starting from after all the legal precedents that currently exist. After all, even if it comes simply as a consequence of the making of a general rule or special treatment of something it should be taken into account the everyday life common phenomenon that the making of rules anywhere may expand their application beyond what they were created for. Yes, courts , especially the final one, probably give themselves more freedom in not following rules they themselves established than they do that with statuary laws. But if I were a judge facing this issue then as much as I am required to follow already established rules made by common law as much as I may consider myself in luck for applying those rules on something that seems as far from causing injury to others as this and would question how justly I am dealing with the matter if I choose to exclude it from being treated the same way as its precedents carelessly. 

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