I think the fundamental question and why these are closely tied is it comes down to the question of "what is a right?" The arguments here regarding same-sex ma

I think the fundamental question and why these are closely tied is it comes down to the question of "what is a right?" The arguments here regarding same-sex marriage and due process get to that. My argument is it is a functional question, and that rights arise from the functions that they fill, not the other way around. I don't think we can answer a question regarding whether the no-fly list violates rights unless we can come up with some sense of what the basis for rights theory is. Calling into question things regarding gender I think is relevant to that larger discussion. My complaint is that all too often "rights" become articles of faith, and so we can't debate whether a given right exists. The concerns over same-sex marriage underscore that point, but it is no different than when we look at whether the Verizon warrant and the NSA violates the 4th Amendment, and whether the no-fly list violates the 5th Amendment. I don't think "I strongly feel" or "we culturally assume" is a basis for long-standing rights. I think there has to be something more.