Subject: That's actually not entirely true
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Posted on: 2015-06-26 21:12:00 UTC

Really the bigger issue is going to be if the government forces Churches to preside over the weddings, then it is a severe violate of Freedom of Religion.

I do not think they will, because under Lemon v. Kurtzman in order to avoid running afoul of the Establishment Clause, there cannot be "excessive entanglements with Religion". And forcing churches to do something would be an excessive entanglement. Of course, the Establishment Clause is never used in that way, and Lemon is an Establishment Clause case...

But even so, forcing a church to to officiate same-sex marriage, does pose an even greater risk with regards to the Free Exercise Clause. Though it is tough to say what the Court would rule, its Establishment and Free Exercise Jurisprudence have been all over the place over the years.

As to no right to goods and services, your statement is over-broad. By holding the Affordable Care Act as Constitutional the Court is basically saying there is a right to the healthcare provided under it. Then there is also the Right to have an abortion (Roe v. Wade). Further Police and Fire services are also services that there is an absolute right to. Further you have the Brown v. Boar of Ed. which required total desegregation. As a result, schools, private businesses, etc. had to integrate.

Further things like Power and Water are also something people have a right to. Between the Federal Power Commission and all the State Regulatory Organizations, anyone is allowed access to the power grid, if they do not have it. Then there is also distributive power, which says that there is a right to have a private power company buy excess power that you produce.

A more correct statement would be, there is no right for Person A to get product B from supplier C, but even then there are limits to that, (see desegregation, distributive power). That also reminds me of the entire doctrine of Specific Performance which can force a seller to sell a certain object to a buyer. (Of Course it is usually only Real Estate).

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