Register | Sign In


Understanding through Discussion


EvC Forum active members: 64 (9164 total)
7 online now:
Newest Member: ChatGPT
Post Volume: Total: 916,793 Year: 4,050/9,624 Month: 921/974 Week: 248/286 Day: 9/46 Hour: 0/1


Thread  Details

Email This Thread
Newer Topic | Older Topic
  
Author Topic:   Maine legalizes gay marriage
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 4 of 92 (507647)
05-07-2009 12:47 AM
Reply to: Message 2 by Taz
05-06-2009 11:06 PM


IMO, the best solution is to copy many other countries (such as France, Spain, Germany, Turkey, Argentina, Japan and Russia) where it is necessary to be married by government authority separately from any religious ceremony, with the state ceremony being the legally binding one.
Just as the Catholic church is allowed to deny the eucharist to those who have not participated in the sacraments of baptism, confession, and first communion, so they should be able to deny the sacrament of holy matrimony.
Let's suppose my religion (which is X) says that eating chicken is a sacred act and that the act of eating chicken can only be done by men and women of religion X inside the churches of religion X. But chicken tastes good, one might argue, and that anybody ought to be able to eat chicken anywhere and not just inside churches.
Now, suppose that myself and everyone who follows the teachings of religion X decides to go out by the masses to vote for legislation that would ban anyone and everyone who's not of religion X from eating chicken.
But then someone would point out that this is unfair. But hang on a second. Everyone is treated equal here. If you think about it, you have the same right as we do. Anyone can eat chicken as long as he follows the teachings of religion X and performs the act inside a church of religion X.
Do you see how ridiculous this position is? Now, replace eating chicken with marriage.
This becomes a moot point if you have holy chicken and secular chicken (to continue the metaphor). So yes, the way most marriage laws stand are like your chicken analogy, and I believe this is an unconstitutional situation and we need to stop letting the states decide and make a federal law recognizing same-sex marriage. But once we have that, religions should be able to discriminate when it comes to administering sacraments. Just in the same way that I can currently by a box of communion wafers to snack on while watching a movie (though I don't know why I would, it's like snacking on styrofoam) but the Catholic church does not have to give me a wafer during the sacrament of communion.
However, anyone acting as a representative of the government would not be able to discriminate at all.
Edited by Stagamancer, : No reason given.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 2 by Taz, posted 05-06-2009 11:06 PM Taz has not replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 6 of 92 (507651)
05-07-2009 3:25 AM
Reply to: Message 5 by Taz
05-07-2009 2:03 AM


Re: Missed it Taz
Let's go back to my eating chicken analogy. Suppose I own a restaurant and would only want to sell chicken to people of the same religion as me and if only they would eat the chicken in one of my churches. The question is do I have a right to deny selling some people chicken? Have we forgotten the "we don't serve your kind here" that was so widely used not too long ago?
Obviously, you're correct in your criticism. Which why we need to take the power of granting legally binding marriages from the churches and give it solely to the state.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 5 by Taz, posted 05-07-2009 2:03 AM Taz has replied

Replies to this message:
 Message 8 by kjsimons, posted 05-07-2009 8:40 AM Stagamancer has replied
 Message 11 by Taz, posted 05-07-2009 11:09 AM Stagamancer has seen this message but not replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 27 of 92 (507729)
05-07-2009 3:44 PM
Reply to: Message 8 by kjsimons
05-07-2009 8:40 AM


Re: Missed it Taz
As far as I know in the US, the state doesn't recognise marriages except for those that have a state issued marriage license or common law marriages that a court has recognised.
True, but the state allows religious figures (priests, rabbis, etc) to act on behalf of the state and issue marriage licenses. So, the religious ceremony happens, and the couple signs a state issued certificate. My point is to take away the power of the religious figures to act on behalf of the state.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 8 by kjsimons, posted 05-07-2009 8:40 AM kjsimons has replied

Replies to this message:
 Message 33 by kjsimons, posted 05-07-2009 7:50 PM Stagamancer has replied
 Message 53 by Michamus, posted 05-09-2009 2:33 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 34 of 92 (507761)
05-07-2009 8:25 PM
Reply to: Message 33 by kjsimons
05-07-2009 7:50 PM


Re: Missed it Taz
They are more like a public notary then anything else as far as the government is concerned.
True, but being a PUBLIC notary and acting as an agent of the state means they should not be allowed to discriminate. So if they want to discriminate then they should not be allowed to act in that position. Besides I think the point of the thread was more about the businesses involved in marriage, not the churches themselves, which makes my point off topic anyway.
Edited by Stagamancer, : redundancy

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 33 by kjsimons, posted 05-07-2009 7:50 PM kjsimons has not replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 54 of 92 (507933)
05-09-2009 3:58 AM
Reply to: Message 53 by Michamus
05-09-2009 2:33 AM


Re: Missed it Taz
This would create a HUGE religious issue for some religious ceremonies. As an example:
I am LDS (Mormon). I married my wife for what we believe to be eternity in the St Louis Temple. This is considered a sacred event that can only occur within an LDS Temple.
The only way a person can enter an LDS Temple is if they meet a lengthy list of stipulations such as being LDS, having a testimony of Jesus Christ, obeying the Word of Wisdom (abstaining from smoking, alcohol, drug abuse, etc), and many other factors.
With your proposed concept, I would not have been allowed to legally marry my wife according to my own religious practices, as every worthy adult male member is a part of our lay-clergy.
Wrong. You can go through the sacrament of marriage, and it is as spiritually binding as you believe it to be. The only difference, is to get a legally binding marriage certificate you would have to have that administered by a judge or some other agent of the state. There would just be an extra step. You're religious rites (and rights) would in no way be infringed. They do this in a bunch of other countries, and it works out just fine.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 53 by Michamus, posted 05-09-2009 2:33 AM Michamus has replied

Replies to this message:
 Message 55 by Michamus, posted 05-09-2009 4:06 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 56 of 92 (507937)
05-09-2009 4:19 AM
Reply to: Message 55 by Michamus
05-09-2009 4:06 AM


Re: Missed it Taz
Michamus writes:
Stagamancer writes:
The only difference, is to get a legally binding marriage certificate you would have to have that administered by a judge or some other agent of the state.
Which would mean I would have to actually get married OUTSIDE the temple.
Which is more important, the legal aspect or the spiritual aspect? Are you saying if you were somewhere with no government to recognize your marriage that a spiritual ceremony alone would not suffice? My point is that there's marriage the sacrament and marriage the legal contract. They don't have to be the same thing, and really aren't. Technically, in an American marriages, two ceremonies are occurring at the same time.
quote:
A marriage is usually formalised at a wedding or marriage ceremony. The ceremony may be officiated either by a religious official, by a government official or by a state approved celebrant. In many European and some Latin American countries, any religious ceremony must be held separately from the required civil ceremony. Some countries — such as Belgium, Bulgaria, the Netherlands, Romania and Turkey[35] — require that a civil ceremony take place before any religious one. In some countries — notably the United States, Canada, the United Kingdom, the Republic of Ireland, Norway and Spain — both ceremonies can be held together; the officiant at the religious and civil ceremony also serving as agent of the state to perform the civil ceremony. To avoid any implication that the state is "recognizing" a religious marriage (which is prohibited in some countries) — the "civil" ceremony is said to be taking place at the same time as the religious ceremony. Often this involves simply signing a register during the religious ceremony. If the civil element of the religious ceremony is omitted, the marriage is not recognised by government under the law.
Please give me a list of countries where clergy are not authorized to officiate a marriage.
I already did this in a previous post.
quote:
In some countries, such as France, Germany, Turkey, Argentina, Japan and Russia, it is necessary to be married by government authority separately from any religious ceremony, with the state ceremony being the legally binding one.
Those are the ones listed in Wikipedia. The quote above it was also from wikipedia.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 55 by Michamus, posted 05-09-2009 4:06 AM Michamus has replied

Replies to this message:
 Message 57 by Michamus, posted 05-09-2009 5:29 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 60 of 92 (507986)
05-09-2009 1:21 PM
Reply to: Message 57 by Michamus
05-09-2009 5:29 AM


Re: Missed it Taz
Of course this same argument can be used AGAINST same sex marriage as well, in the form of: "Well it's simply a legal contract, would you still not be able to be joined together as one if there were no government?".
Here's my point: from the government's perspective a legally recognized marriage has no religious affiliation. That's why, under the current system in america, there are technically 2 ceremonies occurring during a religious ceremony: the civil and the religious. The state ONLY recognizes the civil and on paper, an LDS marriage is no different from a Jewish, Catholic, Muslim, or Scientologist marriage. The civil marriage, being a legal contract is what gives certain legal rights and responsibilities to the spouses, such as joint custody, hospital visitation, etc. If there were no government, then yes, only the religious marriages would stand, and if the religion was against gay marriage, then gays could not get married. I don't think this is right, but it becomes a theological issue, not a legal issue because. So as unromantic as it sounds, gay marriage in america comes down to the state recognizing the right of all it's citizens to form a contract of responsibility between each other regardless of race, creed, or orientation. That's what I'm talking about. And I don't think it's right to allow someone to act as an agent of the state if they are going to be discriminatory.
This is a totalitarian method if you ask me, and wholly unnecessary. Marriage is a tradition that spans beyond any modern government.
It's not totalitarian, it's to ensure no discrimination. Yes marriage is an old tradition, but it is one that has radically changed, if you don't believe me, do some reading.
This statement alone shows your ignorance of LDS principles in matters of matrimony within the Temple. Of course, that is expected, unless you were a worthy member who has been married in the Temple.
Your right, I don't know exactly how LDS marriages work, but I assume they still work in the countries where the civil and religious ceremonies are separate, so you should maybe talk to them about how they pull it off. If you can't separate the spiritual from the legal at all, that's a problem in a country that separates church and state.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 57 by Michamus, posted 05-09-2009 5:29 AM Michamus has replied

Replies to this message:
 Message 61 by Michamus, posted 05-10-2009 1:29 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 65 of 92 (508099)
05-10-2009 4:25 PM
Reply to: Message 61 by Michamus
05-10-2009 1:29 AM


Re: Missed it Taz
You can have a totalitarian view if you wish. I suppose this does suit your authoritarian predispositions as well.
Says the guy who lets his life be run by an unseen deity because a couple of books told him he should.
See, the thing about the 1st Amendment is that it clearly states congress is not to endorse any religion... but it doesn't say no religion shall xxx. A religion can be it's own government within the united states if it so chooses, so long as it doesn't violate another human's basic rights.
Agreed, which is why religious ceremonies are not actually binding legally, so that the state and federal governments do not actually endorse any religious ceremonies.
The Government would become completely unbiased as to who marries who, and the individuals that have specific religious practices that require clergy present for religious marriages can do so.
That's the same as mine. You would register the marriage with the state during the civil "marriage" (it wouldn't have to be a formal ceremony, just signing the paperwork) and then you get which ever religious figure you want to perform the spiritual ceremony. The state representative would be legally bound to not discriminate based on sex, creed, or race. It's not that hard, and I don't see how that's at all totalitarian. It would basically be the exact same system we have now, except the civil and religious versions of the marriage would be separated.
A religion can be it's own government within the united states if it so chooses, so long as it doesn't violate another human's basic rights.
Well, not really. They cannot convict anyone of a crime, nor can, for example, a catholic priest pardon someone by absolving them of their sins. The "government" of the church has no standing in the government of the united states. Why should that be different for marriage? Should catholic confession get people off the hook for their crimes because their sin has been washed away? Or should baptism in an american church confer american citizenship?

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 61 by Michamus, posted 05-10-2009 1:29 AM Michamus has replied

Replies to this message:
 Message 67 by Michamus, posted 05-10-2009 4:38 PM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 69 of 92 (508124)
05-10-2009 7:43 PM
Reply to: Message 67 by Michamus
05-10-2009 4:38 PM


Re: Missed it Taz
What part of "so long as it doesn't violate another human's basic rights" did you not understand?
How is convicting someone of a crime (i said nothing about punishment) or absolving one of a crime taking away basic human rights? How is granting citizenship violating human rights? My point is that churches are not recognized in any way as a government and nothing they do sacrament-wise has any legal standing. So why should marriage be different?
Well now, we have gone from my plan which is really the same as it is now, with the exception of removing any gender stipulation, to your plan which increases government oversight... Hmmm, and you describe this as not so different?
My plan in no way increases government oversight, it only takes to power to grant a civil marriage from the clergy. The paperwork involved would not change. You plan gives legal power to religious rites, which is not constitutional.
Why oh why do people so quickly abandon themselves to the shelter of government in hopes it will defend them?
Why oh why do people so quickly abandon themselves to the shelter of God/religion/corporations in hopes it/they will defend them?

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 67 by Michamus, posted 05-10-2009 4:38 PM Michamus has replied

Replies to this message:
 Message 71 by Michamus, posted 05-11-2009 6:54 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 74 of 92 (508211)
05-11-2009 12:29 PM
Reply to: Message 71 by Michamus
05-11-2009 6:54 AM


Re: Missed it Taz
You're obviously missing my points completely. Most religious sacraments are not legally binding. The only exception is marriage, and that doesn't make sense. There's a difference between marriage the religious rite (which differs from religion to religion) and civil marriage, which is a legal contract (that is the same for all americans who are currently allowed to marry). My points about religions not being able to offer pardons or grant citizenship were to show how ridiculous it would be for religions to be able to do that. Obviously they're not, and it would be crazy to think they should. So why should any religious rite receive recognition by the US government?
Please explain what part of the constitution this would violate?
Recognizing a religious rite and giving it legal standing is endorsing a religion, whether you do it for all religions or not. Plus, how do you define a religion, are you going to let just anybody start marrying anybody else as long as they claim their a religion? It gets way to hairy. If you want something to be a legal contract, you need to leave religion out of it.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 71 by Michamus, posted 05-11-2009 6:54 AM Michamus has replied

Replies to this message:
 Message 75 by Michamus, posted 05-11-2009 7:58 PM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 78 of 92 (508259)
05-11-2009 10:03 PM
Reply to: Message 75 by Michamus
05-11-2009 7:58 PM


Heaven forbid anything should happen that would make Stagamancer uncomfortable.
Your sardonicism is not conducive to a decent debate, and my comment was not about what makes me comfortable or not.
And sure, why shouldn't anybody be able to marry anyone else if they claim to be a religion so long as they are adults?
They should, but the legal aspects of that contract demand that some sort of order be kept. Without any oversight at all, what's to prevent people from marrying a whole bunch of people solely for the tax benefits?
but do you honestly think a hospital would refuse a spouse to be at their loved one's side if there wasn't a government overseer?
Yes. It's happened before.
Again, what you've failed to realize and address is that there is religious marriage and civil marriage. In the same way that Catholic confession absolves a Catholic of his sins but not his civil crimes, a religious marriage binds two people souls but does not bind them legally. There are no religious rites that have legal standing, why should marriage be different?
Edited by Stagamancer, : No reason given.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 75 by Michamus, posted 05-11-2009 7:58 PM Michamus has replied

Replies to this message:
 Message 79 by Michamus, posted 05-13-2009 1:57 AM Stagamancer has replied

  
Stagamancer
Member (Idle past 4942 days)
Posts: 174
From: Oregon
Joined: 12-28-2008


Message 84 of 92 (508396)
05-13-2009 2:41 AM
Reply to: Message 79 by Michamus
05-13-2009 1:57 AM


Hmmm, good point. Since marriage has been a religious rite longer than it has been a legal one, I would say by your own logic, marriage shouldn't be recognized by the state at all.
That's not using my logic at all, I'm not talking about which came first or which has been around longer. We have an established legal definition of marriage, and we need to keep it separate from religious marriage whether they were once one in the same or not.
I believe I qualified that question with the word 'spouse'. A 17 year relationship does not qualify as a marriage, just the same as it doesn't qualify as a marriage for a straight couple.
No, but gay couples get singled out more for this kind of treatment. A gay couple needs the backing of the law more often because I guarantee you that once gay marriage is legal, then people in hospitals will still require they prove it much more often than they will straight couples. It just the nature of prejudice.

We have many intuitions in our life and the point is that many of these intuitions are wrong. The question is, are we going to test those intuitions?
-Dan Ariely

This message is a reply to:
 Message 79 by Michamus, posted 05-13-2009 1:57 AM Michamus has replied

Replies to this message:
 Message 87 by Michamus, posted 05-13-2009 1:27 PM Stagamancer has seen this message but not replied

  
Newer Topic | Older Topic
Jump to:


Copyright 2001-2023 by EvC Forum, All Rights Reserved

™ Version 4.2
Innovative software from Qwixotic © 2024