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Discussion Boards => Off-Topic => Debate & Discuss => Topic started by: dbenjamin on March 27, 2013, 10:28:31 am

Title: Being Gay and Same Sex Marriages......Huh !
Post by: dbenjamin on March 27, 2013, 10:28:31 am
Did I miss something ???? ??? E
verybody on the rampage about being gay and same sex marriages, there is a huge court case going on about this and people are protesting .....today . Is it really that serious ? I guess it is its going on now. :-X :-X :-X :-X :-X :-X

Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on March 27, 2013, 04:08:54 pm
Is an entire group of  people's civil rights a serious thing? I'd say so.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on March 28, 2013, 01:17:10 pm
It would be important if it were about a person's civil rights but unfortunately there is no law that is criminalizing homosexuality... nor are there laws proscribing who you can appoint as enduring power of attorney, executor and / or beneficiaries of your will, guardianship of children, etc. especially in regards to a person's sexual orientation. Most laws that the legal term for marriage are about are for tax benefits that married couples get, which the original intention was to provide an incentive to creating the next generation in a stable household (although some may argue that there isn't a real need for additional incentive aside from the natural one ;) ). There may be other issues when a person doesn't give explicit directives (eg a homosexual partner not given automatic "spousal" benefits upon a person's death because that person failed to instruct that their partner is to be a beneficiary), although again this can occur even among heterosexual situations (eg an ex-spouse from a 20-year marriage contesting a will because the current spouse was married to the deceased within the last year and the will was written when the previous couple was married).

Having said all that, I actually think that they should just get rid of the legal term of marriage altogether. Get rid of marriage benefits in the tax code (perhaps move those benefits to those that have dependents, since this will create incentive to raising children), and any other benefit of marriage (like automatic directives for a person's spouse). And then rely on people giving proper directives as to who they wish to share benefits and powers with. Relegate the term of marriage for religious reasons alone since that is really where it belongs.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on March 28, 2013, 04:47:37 pm
It would be important if it were about a person's civil rights but unfortunately there is no law that is criminalizing homosexuality...

You'd like to see one?
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: LovelyxOdd on March 29, 2013, 11:56:42 am
Did I miss something ???? ??? E
verybody on the rampage about being gay and same sex marriages, there is a huge court case going on about this and people are protesting .....today . Is it really that serious ? I guess it is its going on now. :-X :-X :-X :-X :-X :-X



It's serious when a certain group of human beings can't have the same rights as other humans just cause they choose to love and be with someone of the same gender.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: webe4angels on April 01, 2013, 01:12:08 am
Yes there is.

And in my opinion No one has to right to tell anyone who they can love.. nor should they have the right to tell someone who they can marry.

As with everything else.. our time has changed.  We have come so far..  The world has changed... People finally are able to be honest about who they are... as they should be. 

I hope this gets settled soon.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lovekat on April 01, 2013, 01:49:26 am
I am a very open minded person and it really doesn't bother me not one bit.  I feel that people are trying to judge others because of their sexuality, but this is not nothing new.  It is just the fact that now people are coming out about it, well I feel they should.  Everyone can state at least one person in their circle, family or at their job has a same sex relationship.  At the end of life GOD will be the judge, we all have to learn to  live life and stay out of others businesses. :heart: :peace: ;)

Sometime same sex marriages/relationships last longer the man and women marriages/relationships.  There are so many people that are undercover and that is scary for their significant other or spouse.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on April 04, 2013, 02:29:33 pm
It would be important if it were about a person's civil rights but unfortunately there is no law that is criminalizing homosexuality...

You'd like to see one?

Sure. Show me a law that makes homosexuality and / or homosexual relationships a criminal activity. In fact I know you won't be able to since in 2003 the US Supreme Court in Lawrence vs the State of Texas found that Texas' sodomy laws were unconstitutional (see http://en.wikipedia.org/wiki/Lawrence_vs._Texas (http://en.wikipedia.org/wiki/Lawrence_vs._Texas)). As a result of this decision, all states allow any form of sexual congress between consenting adults in a non-commercial, private setting regardless of the gender of the people engaged in such acts. There may be some states that still make fornication illegal (fornication being sexual acts outside of the confines of marriage whereas sodomy is any sexual act that is not male-female intercourse) as well as adultery being illegal, but most states have seen the prior ruling as also making these laws unconstitutional too. Yet even if that is the case, those fornication / adultery laws are addressing all sexual acts outside of a marriage, whether it be homosexual or heterosexual in nature. Thus I am correct in stating that this is not about civil liberties being taken away; people can live the way they want to live, can love and date and have sex with whoever they want within certain confines, like being between consenting, non-related adults (thus rape, incest, and child exploitation still remain illegal in all states (and may differ only in age of consent and degree of separation in a family to no longer be considered incest)). Unfortunately (as evidenced by most of the posts in this tread and in talking with others in the general public), people still think that the current case before the Supreme Court is about not allowing homosexuals the same freedoms as everyone else. And no, "marriage" is not a freedom nor a right if defined in terms of who receives certain benefits for fitting a particular criteria. If that were the case, then a whole host of benefits would have to be eliminated, including things like MedicAid that provides medical assistance to those that fall under a certain income level.

The current case before the Supreme Court is about the federal definition of marriage and how that relates to survivor benefits and other codifications of "marriage" at the federal level. The first set of arguments is about how California has amended their constitution to define marriage... I feel that that should have been thrown out since that is a state issue. As is the case for other contracts issued in the state, the state has jurisdiction for how it wants to issue marriage licenses among citizens in its own state. The state-law in question was not about who may have sex with whom, nor was it about whom you may freely associate (read as "date") with, and so was not targeting one group's civil rights.

The second set of arguments is about the federal DoMA (Defense of Marriage Act) law signed by then President Bill Clinton that states the federal definition of marriage (for all federal laws that mention marriage, like Social Security benefits, joint filing of federal income taxes, etc.) as being between one man and one woman. As being a proponent of states' rights, this part of the case I actually do agree with in that since it is the states that should dictate what they consider to be a valid marriage, then the federal laws should comply with those state laws. Only in cases outside the states where the federal government makes laws (eg in the District of Columbia and non-state territories) should the federal government be the one to define marriage for the sake of those instances.

So in some ways I do agree more with the proposed Respect for Marriage Act vs the DoMA law, except that RfMA states a marriage is considered valid by the federal government if it is valid in the state where the marriage was celebrated (and not necessarily the place of residence of the couple), which means a couple could make a destination-wedding to some state that allows homosexual marriage and be legally married by the federal government even if their home state does not allow such unions. I actually feel that this just makes it into some loophole and would feel better were it related to the couple's state of residency, however I do understand that if that were the case, then everytime a couple moved to a different state (whether they be homo- or hetero-sexual) they'd have to refile within that particular state for marriage, and as such RfMA is probably the most ideal in allowing states to dictate how they define marriage and leave the federal government out of it.

I also wouldn't actually mind if all instances of "marriage" in the laws were struck, requiring everyone to file explicit instructions for benefit survivorship, medical directives, etc. regardless of a person's relationship with another individual. And if two consenting adults want to live together, they'd have to file some type of civil union to direct the state what to do in the case of dissolution of that union (read as "divorce") in terms of property ownership, parental rights, etc. And perhaps if this were the case, then marriage within a religious context would automatically "fill in" these directives for the couple.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Hurricanekiz on April 04, 2013, 02:46:11 pm
Some people abuse it's meaning!
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Nancy5 on April 04, 2013, 03:04:14 pm
Times have  changed and gay people no longer have to hide.  I worked with two gay women (not each other's partner).  One couple has been together over 15 years, and the other couple over 20!  That's longer than some straight marriages that I know.  All four women are kind, caring people.  We have had them over to our house many times and they have invited my husband and myself to their homes as well.  I see no reason why each can't be on one another's insurance and why can't they marry.  Yes, they all four wear wedding bands and are committed but legally no.  I know there are some states that allow gay marriages, but PA is not one. 
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: jmccaskill on April 05, 2013, 04:41:27 pm
Not expressing an opinion on homosexualtiy as it would lead nowhere constructive, but the whole aspect of 'same sex marriage' and including that under the terms of 'legal marriage' is frought with problems that no one is addressing. The legal aspects of this, if made 'law' are huge and will be contining for decades to come. This matter is not as simple as 'who loves who' and has nothing to do with civil rights at all.

Do some serious research into this and I think you will be shocked at the ramifications of this complex subject. There is, like an iceberg, only a tiny fraction of the issue that is seen on the surface.  :wave:
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Flackle on April 05, 2013, 11:12:14 pm
The religious have their own ceremonies, and they should be allowed to control how they want their ceremonies to run if and only if they don't infringe on the rights of others.

The right to enter into a personal contract with another human being is one that should not be infringed. Therefore, your right to keep your marriage sacred ends when it denies other human beings the legal right to enter into a contract. We're making this way more complicated than it needs to be.

Laws banning any sort of marriage is a direct infringement on human rights, and we should criticize any state that decides to go that route. If you don't want gay people to marry, then support a church that doesn't marry gay people. Don't get the government to ban it for everyone.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: jmccaskill on April 06, 2013, 01:00:32 am
The religious have their own ceremonies, and they should be allowed to control how they want their ceremonies to run if and only if they don't infringe on the rights of others.

The right to enter into a personal contract with another human being is one that should not be infringed. Therefore, your right to keep your marriage sacred ends when it denies other human beings the legal right to enter into a contract. We're making this way more complicated than it needs to be.

Laws banning any sort of marriage is a direct infringement on human rights, and we should criticize any state that decides to go that route. If you don't want gay people to marry, then support a church that doesn't marry gay people. Don't get the government to ban it for everyone.

Let us not confuse the issue, marriage is by definition simply stated the union of a man and a woman, period. That has been the established defintion since day one, in every society. Now, there is a matter of two distinct and in most respects aspects to marriage. One being a religous 'union' and the second is the legal contract that marriage brings with it. The two are separate and distinct.

As you state, one can opt to support or not support the religion aspects of the matter by associating with a like minded 'church'. However that in itself is NOT what this issue is about.

The civil aspect of this is pretty simple and need not be confused with the association of recognizing same sex unions as 'marriage'. What seems to be the main focus on this debate is abolishing the very definiton of marriage as it has been established since the beginning of mans existence, which as it is, the union of a man and a woman, exclusively. There is no reason that this matter could not be resolved with 'legalizing' civil unions for same sex parties, there is absolutely no need to extend that to being defined as 'marriage'. There are far too many ways for same sex partners to insure the 'rights' that marraige secures through the law even without the legalization of civil unions. Power or Attorney to each partner can be drawn that covers about 95% of those issues, and what it would not can be remedied in other ways that are every bit as binding. So, the matter is really one group trying to demand recognition/acceptance by changing the meaning of a single word. In reality, it is nothing more than that.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: cneimsn on April 06, 2013, 08:14:28 am
I think everyone should be able to marry and love whoever they wish.  Who are we to tell people how to live their lives?  This is a FREE Country, lets keep it that way!!!
Live and let live!
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Flackle on April 06, 2013, 12:22:14 pm
The religious have their own ceremonies, and they should be allowed to control how they want their ceremonies to run if and only if they don't infringe on the rights of others.

The right to enter into a personal contract with another human being is one that should not be infringed. Therefore, your right to keep your marriage sacred ends when it denies other human beings the legal right to enter into a contract. We're making this way more complicated than it needs to be.

Laws banning any sort of marriage is a direct infringement on human rights, and we should criticize any state that decides to go that route. If you don't want gay people to marry, then support a church that doesn't marry gay people. Don't get the government to ban it for everyone.

Let us not confuse the issue, marriage is by definition simply stated the union of a man and a woman, period. That has been the established defintion since day one, in every society. Now, there is a matter of two distinct and in most respects aspects to marriage. One being a religous 'union' and the second is the legal contract that marriage brings with it. The two are separate and distinct.

As you state, one can opt to support or not support the religion aspects of the matter by associating with a like minded 'church'. However that in itself is NOT what this issue is about.

The civil aspect of this is pretty simple and need not be confused with the association of recognizing same sex unions as 'marriage'. What seems to be the main focus on this debate is abolishing the very definiton of marriage as it has been established since the beginning of mans existence, which as it is, the union of a man and a woman, exclusively. There is no reason that this matter could not be resolved with 'legalizing' civil unions for same sex parties, there is absolutely no need to extend that to being defined as 'marriage'. There are far too many ways for same sex partners to insure the 'rights' that marraige secures through the law even without the legalization of civil unions. Power or Attorney to each partner can be drawn that covers about 95% of those issues, and what it would not can be remedied in other ways that are every bit as binding. So, the matter is really one group trying to demand recognition/acceptance by changing the meaning of a single word. In reality, it is nothing more than that.

Actually, it is more than that. The law in several states, as it stands now, bans the marriage between certain people. This is not a not a proper function of the government. It is not the governments job to define what is marriage. I am simply against the establishment of governing laws that prohibit the freedoms of others. Entering into a civil union is one of those basic freedoms.

You seem to believe that by getting rid of these laws, we are changing the definition of marriage. By legalizing civil unions between everyone, we are not changing the definition of religious marriage. We are getting government out of defining religious marriage entirely. If that happens to change the definition of marriage, then that's simply a consequence.

The debate isn't about homosexuals and other groups of people trying to hijack the definition of marriage. Its about getting rid of laws that specifically ban their freedom to marry each other and bans the freedom for religious groups to marry them. Again, this isn't a proper function of government.

I would also like evidence to support your premise than marriage has always been between a man a woman in every society that has ever existed since the beginning of humanity.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Sciolaro on April 06, 2013, 02:09:35 pm
(https://s3.amazonaws.com/campaign_print/production/media/267/largesquare.jpg?1344612429)
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 07, 2013, 06:44:20 am
Not expressing an opinion on homosexualtiy as it would lead nowhere constructive, but the whole aspect of 'same sex marriage' and including that under the terms of 'legal marriage' is frought with problems that no one is addressing. The legal aspects of this, if made 'law' are huge and will be contining for decades to come. This matter is not as simple as 'who loves who' and has nothing to do with civil rights at all.

Do some serious research into this and I think you will be shocked at the ramifications of this complex subject. There is, like an iceberg, only a tiny fraction of the issue that is seen on the surface.  :wave:

These ramifications would include......?
Your comment said nothing at all. Empty rhetoric. What ramifications?
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: JediJohnnie on April 07, 2013, 04:44:41 pm
(https://s3.amazonaws.com/campaign_print/production/media/267/largesquare.jpg?1344612429)

(http://i.imgur.com/3NrsoYa.gif)
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on April 08, 2013, 12:08:11 pm
The right to enter into a personal contract with another human being is one that should not be infringed. Therefore, your right to keep your marriage sacred ends when it denies other human beings the legal right to enter into a contract. We're making this way more complicated than it needs to be.

With contracts, there are usually certain terms that need to be satisfied in order to fulfill the contract. If the contract of marriage within a particular state says that the people have to be above the state's age of consent, then in order for that contract to be valid, both people need to be above that age. That is not age discrimination as understood under the 14th Amendment because everyone must abide by that. Likewise if a state has defined marriage as being between two people of the opposite sex, then in order for it to be a valid contract, both people must be of the opposite sex. This is not directly prohibiting homosexual people from entering into a marriage contract (ie a homosexual man can "marry" a homosexual female) so again is not a direct violation of the 14th Amendment. If, on the other hand, a couple of the opposite sex (that also met the other requirements for marriage) were rejected to get married in a state because one of the individuals was homosexual, then the state would be in violation of that person's civil rights under the 14th Amendment. People tend to confuse this since our general understanding of marriage is a compact between two people that love each other, and thus by denying them the legal ability to marry is often seen as denying 2 people from loving each other. The right to love whom you want (as well as whom you want to associate with, etc.) is a civil right whereas the right to enter into a contract is about contract law.

There has long been precedent that the states are the ones that dictate family law. This includes the terms it requires for a legal marriage contract, which may include such things as the age of the individuals, their gender, the familial similarity between them (some states allow cousins to marry while other states require that they are most distant relatives), the mental status of them (eg both individuals have to have the mental capacity to understand the contract they are entering into, which may be set at a higher level than a mundane commercial transaction like buying something at Walmart), etc.

This is why I don't think that the court should have heard the first set of arguments with respect to California's law. This should have been left to that state to decide for themselves how it wants to handle its family laws, including how it chooses to define marriage. On the other hand, I do agree that the court should take a look at the arguments surrounding the federal DoMA law, as that is how the federal government chooses to define something that should be relegated to the states.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: jmccaskill on April 08, 2013, 12:57:01 pm
Not expressing an opinion on homosexuality as it would lead nowhere constructive, but the whole aspect of 'same sex marriage' and including that under the terms of 'legal marriage' is fraught with problems that no one is addressing. The legal aspects of this, if made 'law' are huge and will be continuing for decades to come. This matter is not as simple as 'who loves who' and has nothing to do with civil rights at all.

Do some serious research into this and I think you will be shocked at the ramifications of this complex subject. There is, like an iceberg, only a tiny fraction of the issue that is seen on the surface.  :wave:

These ramifications would include......?
Your comment said nothing at all. Empty rhetoric. What ramifications?

Sorry, I intentionally did not list specifics. That would abrogate the intellectually lazy in their responsibility to actually seek out the facts by their efforts. That and I have no desire to get into a fight on this. Simply stated I will name just one ramification that is all to obvious:  The very inclusion of the argument in Federal court is simply misplaced, and here the pro same sex people have a serious problem. The matter of states to determine marriage laws is long standing and in their proper place. Removing that to Federal jurisdiction is wrong and will in itself present massive problems now and in the future. In addition to that, the 'pro' side here is wanting the courts to abolish DOMA, basically on the same arguments. So which is it? States rights in the case of marriage law orfederal law on marriage? You cannot have it both ways.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Clandestine1 on April 08, 2013, 01:23:55 pm
Did I miss something ???? ??? E
verybody on the rampage about being gay and same sex marriages, there is a huge court case going on about this and people are protesting .....today . Is it really that serious ? I guess it is its going on now. :-X :-X :-X :-X :-X :-X



I don't think that it is serious per se. But what makes it serious is that they are denied certain rights and have to fight to obtain them. This has happened lots of times during the history of mankind. I don't know why some people make a big deal out of this. If they want to marry someone of the same sex, it's their prerogative. No one should be denying them that right. 
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Flackle on April 08, 2013, 05:17:40 pm
The right to enter into a personal contract with another human being is one that should not be infringed. Therefore, your right to keep your marriage sacred ends when it denies other human beings the legal right to enter into a contract. We're making this way more complicated than it needs to be.

With contracts, there are usually certain terms that need to be satisfied in order to fulfill the contract. If the contract of marriage within a particular state says that the people have to be above the state's age of consent, then in order for that contract to be valid, both people need to be above that age. That is not age discrimination as understood under the 14th Amendment because everyone must abide by that. Likewise if a state has defined marriage as being between two people of the opposite sex, then in order for it to be a valid contract, both people must be of the opposite sex. This is not directly prohibiting homosexual people from entering into a marriage contract (ie a homosexual man can "marry" a homosexual female) so again is not a direct violation of the 14th Amendment. If, on the other hand, a couple of the opposite sex (that also met the other requirements for marriage) were rejected to get married in a state because one of the individuals was homosexual, then the state would be in violation of that person's civil rights under the 14th Amendment. People tend to confuse this since our general understanding of marriage is a compact between two people that love each other, and thus by denying them the legal ability to marry is often seen as denying 2 people from loving each other. The right to love whom you want (as well as whom you want to associate with, etc.) is a civil right whereas the right to enter into a contract is about contract law.


It actually kind of does directly ban homosexuals from marrying. Just because certain homosexuals can marry (that being a male homosexual and a female homosexual) doesn't mean that the banning of people of the opposite sex from marrying is an "indirect" ban. I never stated that banning of these contracts where "illegal". These states technically have the full legal ability to ban homosexual marriage. It doesn't make it moral, as I believe that entering into contracts should be a right retained by its people in a fair an equal manner. There are real legit rational reasons to restrict contracts for underage parties (being that those under certain ages do not retain all of the same freedoms as consenting adults.). There is absolutely no legit rational reason for the government to ban homosexual marriage between full grown consenting adults.


Quote
There has long been precedent that the states are the ones that dictate family law. This includes the terms it requires for a legal marriage contract, which may include such things as the age of the individuals, their gender, the familial similarity between them (some states allow cousins to marry while other states require that they are most distant relatives), the mental status of them (eg both individuals have to have the mental capacity to understand the contract they are entering into, which may be set at a higher level than a mundane commercial transaction like buying something at Walmart), etc.

Again, I never stated that what they did was illegal and that that the federal government should get involved. I understand the states have this ability, I'm simply criticizing their use of it. Just because a state government may ban something, doesn't mean I'll support their decision simply because they have the full capacity to do so.

Quote

This is why I don't think that the court should have heard the first set of arguments with respect to California's law. This should have been left to that state to decide for themselves how it wants to handle its family laws, including how it chooses to define marriage. On the other hand, I do agree that the court should take a look at the arguments surrounding the federal DoMA law, as that is how the federal government chooses to define something that should be relegated to the states.

I agree. Allow the states figure it out. Eventually all states will make it legal, less they show their ignorance and lose out on a lot of potential tax revenue. I never stated I supported a government take-over of the situation. When I refer to rights, I don't simply refer to rights as terms set by the federal government. I am referencing rights as abstractions of being human. A government of any level should not be restricting two consenting adults partaking in a religious (or otherwise) ceremony if they are not directly putting another human being in harm's way.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 09, 2013, 05:15:46 am
Not expressing an opinion on homosexuality as it would lead nowhere constructive, but the whole aspect of 'same sex marriage' and including that under the terms of 'legal marriage' is fraught with problems that no one is addressing. The legal aspects of this, if made 'law' are huge and will be continuing for decades to come. This matter is not as simple as 'who loves who' and has nothing to do with civil rights at all.

Do some serious research into this and I think you will be shocked at the ramifications of this complex subject. There is, like an iceberg, only a tiny fraction of the issue that is seen on the surface.  :wave:

These ramifications would include......?
Your comment said nothing at all. Empty rhetoric. What ramifications?

Sorry, I intentionally did not list specifics. That would abrogate the intellectually lazy in their responsibility to actually seek out the facts by their efforts. That and I have no desire to get into a fight on this. Simply stated I will name just one ramification that is all to obvious:  The very inclusion of the argument in Federal court is simply misplaced, and here the pro same sex people have a serious problem. The matter of states to determine marriage laws is long standing and in their proper place. Removing that to Federal jurisdiction is wrong and will in itself present massive problems now and in the future. In addition to that, the 'pro' side here is wanting the courts to abolish DOMA, basically on the same arguments. So which is it? States rights in the case of marriage law orfederal law on marriage? You cannot have it both ways.

So
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 09, 2013, 05:18:53 am
The only Non-God anti same sex marriage arguments I have heard are fatally flawed. Their arguments all place procedure over progress.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: hvnlydevil on April 09, 2013, 05:30:29 am
(http://img.photobucket.com/albums/v515/hvnlydevil/ecard.png)
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on April 09, 2013, 01:07:11 pm
The only Non-God anti same sex marriage arguments I have heard are fatally flawed. Their arguments all place procedure over progress.

Um... since when is anything done through the government and the course of law NOT procedure over progress... Governments are set in place for rationally arguing both sides of a debate through a set of procedures. If we didn't follow procedure, it would end up in anarchy and / or mob-rule. And although the procedure may be slow in its actions, it also prevents knee-jerk reactions by allowing for a more thorough study of the issue.

Also who said that these are anti same-sex marriage arguments? Through this entire thread I have been trying to distinguish between the arguments for same-sex marriage as being a part of contractual and family law versus a civil liberty issue. If this gets framed as a civil liberties issue, then the Supreme Court will essentially be saying that marriage is an unalienable right that all citizens have a right to, and therefore foist this view on all of the states. This may also open the door for the state to intrude on religion... If marriage is considered a civil right, then people could sue a church (or other faith-based organizations) for not allowing it.

If on the other hand this remains a states issue, as is all family law, then we may have a nation where some states allow it and others will disallow it. Eventually, as Flackle stated, if the law is good for the entire population, then eventually all states will adopt it. Just like homicide is a state law, not necessarily a federal one, even though all states criminalize murder and so it is up to the states to prosecute and adjudicate violations. Since this thread was predicated on "a huge court case going on about this and people are protesting" I have been framing my feelings on the court action to this issue.

For what it's worth, in our state's most recent election, there was a marriage amendment on the ballot on which I voted no (thus not making "marriage" as being defined as being between a man and a woman) since for our state, the proponents made there stand more about religious reasons, and I simply did not see how the benefits of marriage (within the state without a religious context) should have only been between members of the opposite sex. Mostly, since a lot of the debate (in a non-religious sense) centers around legal issues that automatically comes through during the course of a marriage contract but would have to be done more manually in a homosexual partnership, I don't see it wrong to allow homosexuals to have that same automatic benefits of the partnership. For example, hospitals may state that only family members are allowed to visit a patient even after normal visiting hours, and spouses are considered family. Although a homosexual person may write a medical directive to allow their partner this benefit as well, this is an extra step that married people don't have to bother with. Since there is no rational reason to prevent this, then just allow homosexuals the same benefit.

There are only a few non-religious arguments against same-sex marriage that I can understand (although I don't fully support). The first is that only heterosexual unions produce children, and since a country thrives on having a healthy population, it may want to promote population growth by giving heterosexual partnerships added benefits. While this may be true, esp. for places with a low population, I don't think the US is really suffering from a lack of population. In fact it might be argued that we are having more of an opposite problem. And that marriage doesn't necessarily correlate to having children since some heterosexual couples have children out of wedlock while some married couples are physically unable to have children. Another argument that I've heard is that all things being equal children are better raised in a heterogeneous family instead of a homogeneous one (eg a male child may not have a male role model if he were a child of a lesbian couple (and vice vs. with a female child had gay male parents). Although this argument may have merit were it true that "all things being equal" could be put to heterosexual couples, but even among the heterosexual population, things aren't always equal. A male child may not have a male role model if he lived in a single-parent household. Does that mean we should ban single mothers from taking care of her child? Conversely it might be argued that if its given that a heterogeneous family raises a more well-rounded child, then perhaps instead of merely requiring a marriage to be heterogeneous in terms of gender, why stop there and define marriage as being between two people of the opposite sex and of different races.

@Flackle: When I was saying that laws defining marriage as being between two people of the opposite sex was not directly against homosexuals getting married, was to point out the difference between a law having a disparate impact upon a group versus being completely against a particular group. For example, most states disallow felons from voting. It could be argued that in a particular state, since the majority of the felon population is of a minority race, that the law is against minorities. But this is not accurate... Even though the minorities will be disparately impacted by such a law doesn't mean that the law is truly against minorities, and thus is not a civil rights issue of racial discrimination. Likewise defining marriage as being between a man and a woman has a disparate impact on homosexuals, esp. since in the general sense of the term people marry someone they are in love with, but is not necessarily discriminatory against homosexuals from getting married, as long as they follow that it is with someone of the opposite sex.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 09, 2013, 03:03:23 pm
There are no two rational sides to this debate.  Either you are for progressing human civil rights, or you aren't. The latter isn't rational. History sides on those that do. Remember slavery, separate but equal, women's suffrage?  History shows that we move forward when it comes to civil rights of human beings.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 09, 2013, 03:05:21 pm
lvstephanie, learn to compress thought and ideas into posts that people will read. I'm sure you have some nice, misguided information in that last one but it's too long winded for me or anyone else to plow through.  Don't waste words, they are valuable.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on April 10, 2013, 09:14:10 am
lvstephanie, learn to compress thought and ideas into posts that people will read. I'm sure you have some nice, misguided information in that last one but it's too long winded for me or anyone else to plow through.  Don't waste words, they are valuable.

I was about to request the opposite of you... Using terse statements without any supporting information adds no subsistence to the discussion but rather relies solely on emotional reactions. I would rather have a debate using real information and data instead of bumper-sticker slogans. And I disagree that my posts are too long-winded for anyone; Flackle was able to read, dissect, and argue an equally long post I made previously. I agree that words are valuable. Thus don't use them frivolously without any supporting ideas (like your oh-so-helpful "So" post  ::) ) so that we can have a meaningful discussion.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 11, 2013, 02:43:33 am
The jist of your many, many, many paragraphs can be summed up in one sentence:

"This is a state's rights issue"
 
My rebuttal is "We can do better than that"

Typically, the more words it takes you to make your point, the less veracity that point possesses.


Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Flackle on April 11, 2013, 06:36:18 am
The only Non-God anti same sex marriage arguments I have heard are fatally flawed. Their arguments all place procedure over progress.

@Flackle: When I was saying that laws defining marriage as being between two people of the opposite sex was not directly against homosexuals getting married, was to point out the difference between a law having a disparate impact upon a group versus being completely against a particular group. For example, most states disallow felons from voting. It could be argued that in a particular state, since the majority of the felon population is of a minority race, that the law is against minorities. But this is not accurate... Even though the minorities will be disparately impacted by such a law doesn't mean that the law is truly against minorities, and thus is not a civil rights issue of racial discrimination. Likewise defining marriage as being between a man and a woman has a disparate impact on homosexuals, esp. since in the general sense of the term people marry someone they are in love with, but is not necessarily discriminatory against homosexuals from getting married, as long as they follow that it is with someone of the opposite sex.

So... Because these laws do not "directly" ban homosexuals from marrying one another, and only ban homosexuals from marrying one another as a consequence, then they are okay? Most laws that exist have unintended consequences. That doesn't make them right. The fact remains, unintended consequences are just as important as the intended consequences of a law, and those unintended consequences should be treated with just as much scrutiny. I already agreed that the federal government cannot improve this situation, and it should remain a states right issue. I already agreed that the federal government need not intervene (I never stated it was a civil rights issue, just a issue on human rights in general. I am frivolously for the separation of church and state, and any case where the government starts dictating anything about any specific religion then I call it a human rights issue).

It's up to us and the states to realize that we should not have laws running religious ceremonies. By that, I mean we should not have laws the specifically ban certain individuals from certain religious ceremonies, especially when that banning has no bearing on any other laws. Its obvious we should ban ceremonies that sacrifice humans (Being that murder is illegal in all other aspects of life), but we should have laws banning people of the opposite sex (Being that there is no other legitimate reason to ban the opposite sex in doing anything else).

If people (and churches) want to define marriage as being between a man and a woman only, that's fine. It's not the government's job to do that for them (and thus, in affect, for everyone else).

The government should only be defining the terms for unions between people (civil or otherwise). And if they want to ban people of the opposite gender when it comes to those unions, they better have a good reason. They'd have too, since they could no longer hide behind religious reasons.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: tammypete on April 11, 2013, 06:50:37 am
At one time this country went along with the founding fathers as marriage is between 1 man and 1 woman.....Since this world has become so corrupt that is no longer the case.....And someone said something about a FREE country!!!!  Wake up!!! The government is trying to control everything.....Just as of yesterday the new thing is to control our kids since parents aren't doing too good of a job!!!
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: Flackle on April 11, 2013, 06:56:15 am
At one time this country went along with the founding fathers as marriage is between 1 man and 1 woman.....Since this world has become so corrupt that is no longer the case.....And someone said something about a FREE country!!!!  Wake up!!! The government is trying to control everything.....Just as of yesterday the new thing is to control our kids since parents aren't doing too good of a job!!!

The government is trying to control everything, isn't it? In this case, the government is trying to control others by telling them they cannot marry or enter into certain contracts only because that other person is of the opposite gender. The founding fathers might have supported marriage as only being between a man and a woman, but where in the constitution did they ban such a marriage? It's not there because they realized it's not the governments job to define such things. Although they themselves where quite religious, they also supported our freedom to choose one religion over another. They also realize that by banning marriage between a man and a woman (solely for religious reasons) we are infringing on that freedom of religion. Its unfortunate that those running state governments don't see it this way. The idea of marriage is not restricted to only Christianity.
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: lvstephanie on April 11, 2013, 09:39:44 am
I also agree, Flackle, that states better have a very good reason for banning same-sex marriage other than religious ones. If, say, North Dakota wants to ban same-sex marriage based on the premise that they have a low population and want to provide benefits to heterosexual couples to increase their population, then perhaps... But then they may want to consider banning marriages of people over the age of 65, since they too would not lend in procreation.

As for homosexuals civil rights (esp. having the right to associate with whomever you want to in any consenting way they want to associate), I applaud the Virginia courts a few weeks ago in striking down the state's attorney general Ken Cuccinelli's request to re-examine the now unconstitutional Virginia's anti-sodomy law. This request came out after a 47 year old man had a 17 year old girl sodomize him. Although the case that Cuccinelli was talking about was heterosexual in nature, he has been known as a strong social conservative and so many critics saw that he was trying to make an end-around and use this to ban homosexual relations as well. The courts re-stated the Texas vs. Lawrence decision, saying that sodomy is not the issue, but rather the age of the girl. So while sodomy in general is still legal, there may be a case for the legislature in that state to issue an anti-sodomy with a minor law (to coincide more with their sexual consent laws).
Title: Re: Being Gay and Same Sex Marriages......Huh !
Post by: sigmapi1501 on April 11, 2013, 03:43:43 pm
At one time this country went along with the founding fathers as marriage is between 1 man and 1 woman.....Since this world has become so corrupt that is no longer the case.....And someone said something about a FREE country!!!!  Wake up!!! The government is trying to control everything.....Just as of yesterday the new thing is to control our kids since parents aren't doing too good of a job!!!

Are you by any change wearing a tin foil hat right now?