The fucking morons in our legislature

[Otto]

@John Mace

Alaska could, if it wanted to, eliminate the legal status of marriage.

I’m not convinced that it could. Eliminating marriage altogether would place the people of Alaska at such a disadvantage in comparison to the residents of other states that eliminating the status entirely and refusing to recognize it may be an equal protection violation.

@John Mace

Another example: Different states set different standards for marriage (age, anti-incest laws). If marriage were a “fundamental right”, the states could not do that. So, you can call it a fundamental right, but it is not protected like a fundamental right.

But states can put restrictions on other constitutional rights, including speech. Slander is speech but states are free to make it both a criminal and a civil offense. Perjury is speech but states can criminalize it.