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Topic: Being Gay and Same Sex Marriages......Huh !  (Read 4474 times)

Sciolaro

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #15 on: April 06, 2013, 02:09:35 pm »

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #16 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?

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lvstephanie

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #18 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.

jmccaskill

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #19 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.

Clandestine1

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #20 on: April 08, 2013, 01:23:55 pm »
Did I miss something ???? ??? Everybody 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. 

Flackle

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #21 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.
« Last Edit: April 08, 2013, 05:21:43 pm by Flackle »

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #22 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

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #23 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.

hvnlydevil

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #24 on: April 09, 2013, 05:30:29 am »

lvstephanie

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #25 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.

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #26 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.

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #27 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.

lvstephanie

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #28 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.

sigmapi1501

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Re: Being Gay and Same Sex Marriages......Huh !
« Reply #29 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.



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