Article 16 (UDHR)
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
And that interpretation is implied by the structure of the sentence and the commas. I don't think it is meant to imply that discrimination is not allowed exclusively on those fronts. The way you are emphasizing it could be used, in theory, to justify a eugenics type breeding program in which there are limitations on marriage based on physical or mental disabilities etc. which is clearly what those that drafted the UDHR were connotating.
Anyway, point is that the part of the sentence that matters is "Men and women of full age...have the right to marry and found a family." One could not point to the fact that it does not specifically state without discrimination based on sexual orientation cannot be used to imply that the UDHR does not provide for homosexual marriage. It does not say so explicitly but article 16 of the UDHR can definitely be invoked to provide that under international law homosexual marriage is legal.
1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
And that interpretation is implied by the structure of the sentence and the commas. I don't think it is meant to imply that discrimination is not allowed exclusively on those fronts. The way you are emphasizing it could be used, in theory, to justify a eugenics type breeding program in which there are limitations on marriage based on physical or mental disabilities etc. which is clearly what those that drafted the UDHR were connotating.
Anyway, point is that the part of the sentence that matters is "Men and women of full age...have the right to marry and found a family." One could not point to the fact that it does not specifically state without discrimination based on sexual orientation cannot be used to imply that the UDHR does not provide for homosexual marriage. It does not say so explicitly but article 16 of the UDHR can definitely be invoked to provide that under international law homosexual marriage is legal.
*MySmiley*
"Men of true genius are like meteors, they consume themselves and illuminate their centuries."
-Napoleon Bonaparte
www.empire-iamhuman.webs.com
"Men of true genius are like meteors, they consume themselves and illuminate their centuries."
-Napoleon Bonaparte
www.empire-iamhuman.webs.com
Let's ban all Christian Marriage.
07/08/2010 06:36:13 AM
- 1486 Views
Nice satire, but it raises another point for me.
07/08/2010 07:20:49 AM
- 915 Views
That would only be appropriate if Christians wanted to ban secular unions of normal people.
07/08/2010 11:51:29 AM
- 1129 Views
Hey, look! There was a point over there!
07/08/2010 03:46:41 PM
- 947 Views
Who else should make those decisions?
07/08/2010 08:00:39 PM
- 891 Views
I'd totally...
08/08/2010 04:14:15 AM
- 863 Views
I'd totally...
08/08/2010 06:17:30 AM
- 1007 Views
I used to think Joel was the biggest rambler on this site. I am seriously reconsidering.
08/08/2010 05:24:56 AM
- 929 Views
And my assessment of one poster as the most content-poor, non-contributing slug is unchanged
08/08/2010 07:17:02 PM
- 843 Views
*Shakes Head*
08/08/2010 06:23:47 AM
- 813 Views
I highly doubt Cannoli is "scared" of homosexuals *NM*
08/08/2010 06:29:54 AM
- 478 Views
Perhaps not in the physical sense.
08/08/2010 06:35:53 AM
- 905 Views
Re: Perhaps not in the physical sense.
08/08/2010 06:46:56 AM
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Re: *Shakes Head*
08/08/2010 07:43:11 PM
- 859 Views
I still do not see how you think marriage is a "pointless" institution
08/08/2010 08:05:45 PM
- 957 Views
No, I was referring to same-sex marriage. Real marriage hardly counts as a novelty. *NM*
11/08/2010 02:28:43 PM
- 391 Views
This must be the "thought out reaction" I've heard so much about.
08/08/2010 10:45:59 PM
- 800 Views
You cannot be that stupid.
11/08/2010 03:10:55 PM
- 1090 Views
There's a lot of ridiculous arguments here, but I'll focus on just one of them...
11/08/2010 03:38:05 PM
- 971 Views
A lot of the arguments would seem to justify polygamy and incest too
08/08/2010 11:51:24 PM
- 830 Views
Plolygamy and incest are not on the same level of bad.
09/08/2010 11:00:07 AM
- 875 Views
Is that assumption valid?
09/08/2010 11:36:26 AM
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Re: Is that assumption valid?
09/08/2010 11:46:42 AM
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Re: Is that assumption valid?
09/08/2010 12:07:22 PM
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Spoken like someone who does not have to insure an employee's six wives.
11/08/2010 03:11:57 PM
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Re: A lot of the arguments would seem to justify polygamy and incest too
09/08/2010 11:25:39 AM
- 833 Views
Re: A lot of the arguments would seem to justify polygamy and incest too
09/08/2010 11:51:50 AM
- 798 Views
Re: A lot of the arguments would seem to justify polygamy and incest too
09/08/2010 01:18:35 PM
- 886 Views
Re: A lot of the arguments would seem to justify polygamy and incest too
09/08/2010 02:54:19 PM
- 906 Views
It should be noted again...
09/08/2010 08:59:32 PM
- 929 Views
and how is it not a right?
09/08/2010 09:19:12 PM
- 806 Views
My definition of rights...
09/08/2010 10:47:16 PM
- 932 Views
mmm, but the UN has legally stated marriage as a right.
10/08/2010 02:52:03 AM
- 708 Views
Article 16 probably not a great example
10/08/2010 03:44:04 AM
- 805 Views
You could just as easily move the emphasis...
10/08/2010 04:08:46 AM
- 917 Views
If we need a more specific resolution...
10/08/2010 04:22:12 AM
- 1088 Views
No, the choice of 'Men and Women' is too specific in the context
10/08/2010 05:25:57 AM
- 800 Views
Re: No, the choice of 'Men and Women' is too specific in the context
10/08/2010 03:04:39 PM
- 1093 Views
That's really a ridiculous stance, you do realize.
10/08/2010 03:23:02 PM
- 769 Views
The point is that marriage IS a right, one which cannot be denied based upon sexual orientation *NM*
10/08/2010 07:04:16 PM
- 638 Views
Re: No, the choice of 'Men and Women' is too specific in the context
10/08/2010 03:46:56 PM
- 987 Views
It doesn't say a man can only marry a woman or vice versa, though.
10/08/2010 04:24:17 AM
- 799 Views
I know, and that's been brought up before. But that's not my point.
10/08/2010 06:09:32 PM
- 794 Views
Re: I know, and that's been brought up before. But that's not my point.
10/08/2010 06:33:56 PM
- 723 Views
It's mentioned as a right in some SC decision quoted in that Walker opinion. *NM*
10/08/2010 06:51:13 PM
- 403 Views
To clarify for you
10/08/2010 05:36:14 AM
- 731 Views
The UNSC is actually the UN's enforcement body...
10/08/2010 07:16:31 PM
- 1165 Views
I'm not sure that I would call the Security Council the 'Enforcement Body'
10/08/2010 08:43:02 PM
- 778 Views
The fact that it is capable of authorizing the use of military force makes it an enforcement body
10/08/2010 10:33:59 PM
- 1031 Views
What the UN thinks is *completely* worthless....
10/08/2010 06:43:15 PM
- 741 Views
Why don't YOU back up your assertion that the right to marry exists? *NM*
11/08/2010 03:16:02 PM
- 449 Views
The actual ruling on Prop 8 specifices marriage as a freedom, not a right.
10/08/2010 12:02:17 AM
- 879 Views
Out of curiosity, what would you say to using the Ninth Amendment, possibly in conjunction...
10/08/2010 12:20:19 AM
- 955 Views
Note it all you want...
10/08/2010 06:43:53 AM
- 674 Views
No, they seek to expand the terms of the partnership. Homosexuals can & do get married normally *NM*
11/08/2010 03:14:25 PM
- 452 Views
The best one yet.
10/08/2010 07:59:17 PM
- 920 Views
Yeah, I'd agree that's pretty insane
10/08/2010 08:49:24 PM
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Re: Yeah, I'd agree that's pretty insane
10/08/2010 09:03:11 PM
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Re: Yeah, I'd agree that's pretty insane
11/08/2010 04:35:03 PM
- 785 Views
Re: Yeah, I'd agree that's pretty insane
11/08/2010 04:41:23 PM
- 907 Views
Hmm - been a long time since I read my copy of the graphic novel
11/08/2010 05:06:47 PM
- 883 Views
Re: Hmm - been a long time since I read my copy of the graphic novel
11/08/2010 05:09:23 PM
- 874 Views