![]() ![]() ![]() Secondly, marriage supports a two-person union unlike any other in its importance to the committed individuals. The first, (a) the right to personal choice regarding marriage is inherent in the concept of individual autonomy and that like choices concerning contraception, family relationships, procreation, and childrearing, all of which are protected by the Constitution, decisions concerning marriage are among the most intimate that an individual can make and further it would be contradictory to recognise a right of privacy with respect to other matters of family life and not with respect to the decision to enter the relationship that is the foundation of the family in our society. The majority opinion was grounded on four compelling considerations. The minority view however, dissented and agreed with the conclusions of the Court of Appeals and held that the issue of same-sex marriage be left to the wisdom of the legislature and referred to the views of Alexander Hamilton contained in the Federalist Paper No.78. (the period of American Supreme Court presided over by Chief Justice Earl Warren), the majority, gave an expanded and comprehensive definition of ‘marriage’ by taking recourse to the principle of continuity and change and the doctrine of ‘ the felt necessities of the times’. ![]() ![]() By a process of skilful legal engineering, reminiscent of the ‘Warren Era’, i.e. ![]()
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