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Author | Topic: Gay marriage and the law | |||||||||||||||||||||||||||
New Cat's Eye Inactive Member |
The argument to apply this level of scrutiny is that laws banning gay marriage are not gender neutral. It makes the question of whether two people can marry one another turn on their gender. (The objection to this reasoning is that gay marriage bans are gender neutral, they apply equally to men and women. A version of this argument, based instead on race, was considered and rejected by the Court in Loving.) "Gay" is not a label that defines a group of people like the races do. The rejection by the Court of Loving wasn't a version of the argument. Nator is arguing that sexuality follows a bell curve and is not black and white. Assuming this is true, marriage remaining between a man and a women does not deny any protection of the law to any persons. I wouldn't support a law that bans gay marriage, but if the laws as currently written do not allow for it, then I don't have a problem with not making more laws that do allow gay marriage. And that's because not allowing it doesn't violate the 14th amendment and I haven't seen a compelling reason for allowing it.
If anyone else cares to advance what they think is a compelling state interest that is served in banning gay marriage, I'd be delighted to discuss it. I don't really see the need to ban it, but to continue to disallow it is different. There are thousands of laws that refer to marriage and these laws were written with presumptions about what those marriages entail. To simply change marriage so that it does not fit within those presumptions would affect those laws and their ramifications. I think it is safe to assume that there would be negetive consequences to redefining marriage in those laws and to continue to disallow gay marriage would be safer for the govenments interests.
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Fosdick  Suspended Member (Idle past 5521 days) Posts: 1793 From: Upper Slobovia Joined: |
subbie writes:
Thanks for the eye-friendly font (and Percy's bandwidth be damned!). The purpose of this thread is to discuss the legal issues around gay marriage, not moral or religious, except as those things impact the legal questions. Question: Why not just simply substitute "civil union" for "marriage" and get the government out of the marriage business? Then, if people want to marry each other or their pets, let them do it at any church, farm, commune, or animal shelter they please. Should governments regulate the appointment of stars in the International Star Registry?
It's all about the word "marriage," not about legal contracts. ”HM
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macaroniandcheese  Suspended Member (Idle past 3949 days) Posts: 4258 Joined: |
Can you feel the pride? we can play games back and forth all day about what you feel is appropriate. that doesn't change THE LAW.
OFF TOPIC - Please Do Not Respond to this message by continuing in this vein. Questionable content has been rendered invisible. If you must read content, use the Peek button but do not respond. AdminPD Edited by brennakimi, : No reason given. Edited by brennakimi, : No reason given. Edited by AdminPD, : Warning
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subbie Member (Idle past 1276 days) Posts: 3509 Joined: |
"Gay" is not a label that defines a group of people like the races do. The rejection by the Court of Loving wasn't a version of the argument. You're going to have to provide some reasoning to support that argument, because it certainly isn't self-apparent to me. What's more, it's inconsistent with Supreme Court caselaw that's the basis for Fourteenth Amendment jurisprudence. In 1937, the Court wrote an opinion in a case called United States v. Carolene Products Company, 304 U.S. 144 (1938). That case contains what is probably the most famous footnote in law. The case concerned a federal law regulating milk. The defendant challenged the law under both the Commerce Clause and due process. In deciding against the defendant, the Court used what amounted to the rational basis test and concluded that the regulation served a legitimate governmental purpose and was rationally related to that purpose. During the discussion, Mr. Justice Harlan described situations where a heightened level of scrutiny might be appropriate. In footnote 4, the Court said
quote:Emphasis mine, citations omitted. Now, you of course may declare for your own purposes that "'Gay' is not a label that defines a group of people like the races do." However, I think you'd be hard pressed to make a convincing argument that gays are not a "discrete and insular minorit[y]" that suffers from a reduced access to the political process as a result of prejudice. As such, it would be more than appropriate for the Court to use some heightened level of scrutiny when examining laws that treat them differently from everyone else. And it buggers the imagination to say that gays are treated equally when heterosexual couples who fall in love can get married but homosexual couples can't. Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin We see monsters where science shows us windmills. -- Phat
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subbie Member (Idle past 1276 days) Posts: 3509 Joined: |
Why not just simply substitute "civil union" for "marriage" and get the government out of the marriage business? Then, if people want to marry each other or their pets, let them do it at any church, farm, commune, or animal shelter they please. Well, inasmuch as such a move would treat all persons the same, I can't imagine that there would be any kind of Equal Protection problem with that at all. Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin We see monsters where science shows us windmills. -- Phat
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Rahvin Member Posts: 4039 Joined: Member Rating: 8.2 |
Now, you of course may declare for your own purposes that "'Gay' is not a label that defines a group of people like the races do." However, I think you'd be hard pressed to make a convincing argument that gays are not a "discrete and insular minorit[y]" that suffers from a reduced access to the political process as a result of prejudice. As such, it would be more than appropriate for the Court to use some heightened level of scrutiny when examining laws that treat them differently from everyone else. And it buggers the imagination to say that gays are treated equally when heterosexual couples who fall in love can get married but homosexual couples can't. Replace the word "homosexual" in any gay marriage argument with the word "black" and it becomes readily apparent why gay marriage opponents are bigots. "Homosexuals have the same rights as heterosexuals. Any homosexual man can marry a person of the opposite gender. We just dont want men marrying men." "Blacks have the same rights as whites. Any black man can marry a black woman. We just dont want Blacks marrying Whites." It's the same exact argument from 50 years ago, with a new minority thrown in. The "give them the same rights but dont call it marriage" crowd are similarly idiots. If they're the same rights, the only reason to call it anything different is discrimination against the minority...and the interracial argument still works here, too. "Let gays have the same legal rights as a real marriage, but call it something else. Like 'butt-buddies.' " "Let interracial couples have the same rights as a real marriage, but call it something else. Like (insert racist term here)" It's just insulting. Every time a fundy breaks the laws of thermodynamics, Schroedinger probably kills his cat.
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subbie Member (Idle past 1276 days) Posts: 3509 Joined: |
"We need to keep men from marrying men to protect the traditional marriage."
"We need to keep blacks from marrying whites to protect the traditional marriage." "It's against god's law for men to marry men. He created the sexes different for a reason""It's against god's law for blacks to marry whites. He created the races different for a reason." "No civilization in history has allowed men to marry men.""No civilization in history has allowed black to marry whites." "Marriage is an institution for raising children, and gays can't do that.""Children born of mixed race couples are inferior." "It's immoral.""It dilutes the purity of the race." The list goes on and on.... Those who would sacrifice an essential liberty for a temporary security will lose both, and deserve neither. -- Benjamin Franklin We see monsters where science shows us windmills. -- Phat
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teen4christ Member (Idle past 5820 days) Posts: 238 Joined: |
quote:I'm not sure I agree with this. Marriage has always been a secular institution. What you are suggesting is, I believe, little better than when the southern states proposed for the states to get out of the school bussiness and privatize education to keep segregation. I'm having a hard time believing that separate could ever be equal.
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New Cat's Eye Inactive Member |
However, I think you'd be hard pressed to make a convincing argument that gays are not a "discrete and insular minorit[y]" that suffers from a reduced access to the political process as a result of prejudice. I'm not sure I can prove that they are not. Can you show me how they are a "discrete and insular minority" and how they suffer from a reduced access to the political process as a result of prejudice? "Gays" doesn't describe an actual "group of people". Remember that sexuality is a bell curve... Its not black and white.
And it buggers the imagination to say that gays are treated equally when heterosexual couples who fall in love can get married but homosexual couples can't. That's because of what marriage is, not because of some law preventing them. The laws doesn't prevent me, a man, from going on maternity leave, I'm just not capable of doing it. Does that mean that men are being prejudiced against?
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molbiogirl Member (Idle past 2663 days) Posts: 1909 From: MO Joined: |
The laws doesn't prevent me, a man, from going on maternity leave, I'm just not capable of doing it. Does that mean that men are being prejudiced against? Actually, you can go on "maternity" leave. The Family Medical and Leave Act (http://www.dol.gov/esa/whd/fmla) took care of that back in 1993. And, yes. Before the FMLA was passed, men were being discriminated against.
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Rahvin Member Posts: 4039 Joined: Member Rating: 8.2 |
"Gays" doesn't describe an actual "group of people". Remember that sexuality is a bell curve... Its not black and white. That's ridiculous. Of course gays are an actual "group of people." Sexuality may be a bell curve, but race isn't "black and white" either, as you call it. How black is black? 100%? 50%? 25%? When does an interracial child become non-black? What about all of the other races? How about "Christians?" Religious identity isn't a binary choice, either, it's less predetermined than sexual orientation, and yet religion is a protected class. You're using a false dilemma. If race, religion, or any other subset counts as a legal "group of people," then so do gays. Every time a fundy breaks the laws of thermodynamics, Schroedinger probably kills his cat.
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molbiogirl Member (Idle past 2663 days) Posts: 1909 From: MO Joined: |
I'm not sure I agree with this. Marriage has always been a secular institution. What you are suggesting is, I believe, little better than when the southern states proposed for the states to get out of the school bussiness and privatize education to keep segregation. I'm having a hard time believing that separate could ever be equal. Teen, you need to broaden your POV. Marriage is a cross-cultural phenomenon with a very long history. And marriage has not "always" been secular. And marriage has not "always" been between men and women. For example, not every society "sees" 2 genders. India, Thailand, Polynesia, Indonesia, some Native Americans, the Balkans, the Phillipines, Ethiopia, Kenya, and the Congo are just a few who have a "third sex" -- either males who are considered female or females who are considered male. For more info, wiki has a nice summary: Third gender - Wikipedia
wiki writes: In 2004, the American Anthropological Association released this statement:[28] The results of more than a century of anthropological research on households, kinship relationships, and families, across cultures and through time, provide no support whatsoever for the view that either civilization or viable social orders depend upon marriage as an exclusively heterosexual institution. Rather, anthropological research supports the conclusion that a vast array of family types, including families built upon same-sex partnerships, can contribute to stable and humane societies. Furthermore ...
The participants in a marriage usually seek social recognition for their relationship, and many societies require official approval of a religious or civil body. In the early modern era, John Calvin (1509 - 1564) and his Protestant colleagues reformulated Christian marriage through enactment of The Marriage Ordinance of Geneva, which imposes "The dual requirements of state registration and church consecration to constitute marriage." Marriage - Wikipedia
In Europe, it has traditionally been the churches' office to make marriages official by registering them. Hence, it was a significant step towards a clear separation of church and state and also an intended and sufficient weakening of the Christian churches' role in Germany, when Chancellor Otto von Bismarck introduced the Zivilehe (civil marriage) in 1875. This law made the declaration of the marriage before an official clerk of the civil administration (both spouses affirming their will to marry) the procedure to make a marriage legally valid and effective, and reduced the clerical marriage to an optional private ceremony. Ibid.
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Hyroglyphx Inactive Member |
What does promoting marriage lead to that you would consider detrimental to society? The societal acceptance of homosexuality which perverts the natural order of God's law.
the rest of your "examples" are irrelevant to marriage. They aren't irrelevant. If they are irrelevant in establishing a baseline, then spousal abuse is also irrelevant.
quote: It is an awful lot harder, though. Don't you agree? I do agree, but you are asking me to exonerate a greater sin out of a lesser one.
The institution of marriage is vital to promoting monogamy and stable families. Surely you aren't going to contest that, are you? No. And certainly stable families include mothers and fathers. Wouldn't you agree?
Psychology is a big, big field, remember. Big or not, you have to crawl before you can walk.
So, how come "culture" can't turn gay people straight? For the same reason that cutters have a hard time stopping despite the cultural fau pax. Sometimes people ask, "Why would anyone choose to be gay?" Why would anyone choose any number of abnormal things? Some people search ways to be different, as if it were a little badge of courage.
It didn't work for Ted Haggerd, did it? Ted Haggard is has serious unresolved issues that he needs to deal with.
Look, Juggs, you have to stop thinking of sexuality is such either/or terms. Just about every trait in a population can be plotted on a bell curve distribution, and I don't see why sexuality should be much different. ...especially considering the very strong social bonding role sex has in our species. Then pedophilia is a trait that cannot be stopped. Its innate. If it that is so, then we can't very well ask them to stop what is normal, can we? You can't stop rapists because they are simply following their instincts. Monkeys don't ask for permission, especially the alpha male. Do see where I'm going with this? You can't act as if people are incapable of controlling themselves. By doing this, you alleviate responsibility, which in turn makes for a very unhealthy society.
Same thing with interracial marriage. Most people were "wierded out" by that concept as well. So what? That was a relative recent turn in history. Its a distortion that only lasted a little while, consequently, due to societal influence. Some people honestly believe that slaves were taken from Africa because they were black instead of the obvious answer, that slave merchants were opportunists. Anyone who couldn't defend themselves was subject to the slave master's tyranny. But even when these racist ideologies started popping up, prominent members of society payed no heed to it. Even Thomas Jefferson slept with his own slaves.
The point is, terrorizing a group for certain behaviors is apt to have a chilling effect upon the behaviors. Remove the terrorist threats, and the behavior that was repressed will be more freely expressed. I wholeheartedly agree that the singling out of homosexuals over their perceived sin with more ferocity than any other sexual sin by Christians or, whomever, is wrong. However, simply stating why someone does not agree with the notion that homosexuality is perfectly natural doesn't constitute terrorism, nor does it constitute "homophobia."
if you read any history, you know that they have always been there. Repressed and persecuted, but there. That's like saying adulterers have been repressed and persecuted. That's like saying pedophiles have been repressed and persecuted. That's like saying rapists have been repressed and persecuted. The belief, among various cultures, is that homosexuality is an aberration. They are entitled to that belief just as the avowed homosexual is entitled to disagree.
They probably believed that due to the bigoted and homophobic society in which they lived. Why are the purchasers of pornogrpahy discreet? Surely it can't be because society has rejected it, since the porn industry have profited over it more than all professional sports combined. It is because somewhere in their heart of hearts, they know it is less than virtuous.
Can you explain to me without using the a religious argument, why homosexuality is immoral? LOL! Can you explain why anything is immoral aside from invoking God? Maybe you can tell me why anything is to be considered immoral that will make a lick of sense from a naturalistic point-of-view. The irreligious often borrow Christian-Judeo concepts of morality in order to denude all of Christian-Judeo ethics. Its obviously oxymoronic.
How is being gay similar to adultery? Please explain. They are both forms of sexual sin.
I can't think of any, other than religious and gay-hating people possibly getting so angry and fearful about their fading ability to dictate to other people what to do and how to live that they become desperate and violent. There is no reason for anything apart from the very source of all that is.
Why aren't there any reprocussions? Maybe becasue it is a good thing. Why is it, good? What is inherently good about it? “First dentistry was painless, then bicycles were chainless, and carriages were horseless, and many laws enforceless. Next cookery was fireless, telegraphy was wireless, cigars were nicotineless, and coffee caffeineless. Soon oranges were seedless, the putting green was weedless, the college boy was hatless, the proper diet -- fatless. New motor roads are dustless, the latest steel is rustless, our tennis courts are sodless, our new religion -- Godless” -Arthur Guiterman
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DrJones* Member Posts: 2285 From: Edmonton, Alberta, Canada Joined: Member Rating: 7.4 |
But even when these racist ideologies started popping up, prominent members of society payed no heed to it. Even Thomas Jefferson slept with his own slaves.
Yeah TJ fucked his slaves, but he still owned them. He's hardly a good example of someone overcoming racist ideologies. soon I discovered that this rock thing was true Jerry Lee Lewis was the devil Jesus was an architect previous to his career as a prophet All of a sudden i found myself in love with the world And so there was only one thing I could do Was ding a ding dang my dang along ling long - Jesus Built my Hotrod Ministry Live every week like it's Shark Week! - Tracey Jordan Just a monkey in a long line of kings. - Matthew Good If "elitist" just means "not the dumbest motherfucker in the room", I'll be an elitist! - Get Your War On *not an actual doctor
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Hyroglyphx Inactive Member |
The purpose of this thread is to discuss the legal issues around gay marriage, not moral or religious, except as those things impact the legal questions. Which I have already pointed out in the other thread is prohibited by the United States Code. What more can be said except to get to the heart of the issue; the heart of why a law exists in the first place?
Whether they should be "the defining principle to look up to" isn't the question. The question is what should the law say. So you are asking us to make moral pronouncements without invoking the very source of the moral in the first place? How exactly is placing the cart before the horse going to to get you from point A to point B?
The law shouldn't be about what I think is good for everyone else, or what you think is good for everyone else, or what anyone else thinks is good for everyone else. It should be about everyone making their own decision about what's good for themselves. Brilliant, save the fact that every criminal in the history of the world has used this philosophy.
The purpose of the law shouldn't be to mold free individuals into your (or anyone else's) icon of what a good person should be. It should be to protect people and their property from harm by others. This means that others will make personal choices for themselves that you disagree with. Tough shit, bucko. That's the price you pay to live in a free country. If you don't like it, get the fuck out, and take all your blue-nosed, tight-assed, anal retentive, brain-damaged friends with you. I understand that there are some really nice places in the Middle East where they think it's a good idea to write morality into the law. Subbie, did it ever occur to you that you are trying to make it compulsory for me to conform to your morals all the way saying that my morals are irrelevant? We are spit-balling ideas in a marketplace of ideas, as the Framers likely intended. This is how it works: You give your point-of-view, I give a retort, you then respond to that, where I then respond to your response until some kind of compromise is made. I don't have to move to the Middle East so you can come in and subvert time honored ideals. You can go live in the Netherlands and be with your husband for all I care. Try not to forget for a moment that it is homosexuality infringing on every one else to conform to their ideas, not the other way around. The LAW says, without invoking any religious connotations, that homosexuality is an abomination. You are certainly welcome to say that you want that law repealed. As a member in a free society, I would even encourage you to do so. But don't sit here and moralize to me, only to turn around and say I can't give you the source of mine! Edited by Nemesis Juggernaut, : Edit to add “There is something which unites magic and applied science while separating both from the 'wisdom' of earlier ages. For the wise men of old the cardinal problem had been how to conform the soul to objective reality, and the solution had been knowledge, self-discipline, and virtue. For magic and applied science alike the problem is how to subdue reality to the wishes of men: the solution is a technique; and both, in the practice of this technique, are ready to do things hitherto regarded as disgusting and impious" -C.S. Lewis
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