Suppose Wellman argued that just as you have a right not to marry someone who would be harmed by your refusal, a state is free to exclude others even if it causes harm to them. Fine would respond by saying that

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Fine would argue that the liberal state cannot claim to be primarily an intimate or expressive association because it has a responsibility to protect the rights and interests of all individuals within its jurisdiction, not just those who are members of the state or who have chosen to consent to its laws and policies. This argument is a direct rebuttal to Wellman's claim that a state is free to exclude others even if it causes harm to them.

Suppose Wellman Argued That Just as You Have a Right