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Author Topic:   I still want a different word for 'gay marriage'
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 191 of 243 (352182)
09-25-2006 4:28 PM
Reply to: Message 186 by Dan Carroll
09-25-2006 3:37 PM


I agree with your sentiment, but I'm not sure how much your arguments can actually stick.
The concept of gay marriage is recent. Thus it is true that many marriage laws are written as a contract between people of opposite sexes. The fact that some recent nations and states have changed this does not alter what the traditional definition meant, and what current definitions are in most places as well as most people's minds.
It seems to me that there is a point which can be made that there is no discrimination in not allowing gays to use a legal contract which by its own definition (up until a few recent rare cases) was about people of opposite sexes. One could validly argue if gays want a similar contract they should not be barred from it but the exact same contract is not available since it simply does not fit the traditional definition.
I happen to believe that the gov't should be flexible and allow for cultural changes, new traditions. I'm open to allowing people to adapt previous contracts and institutions for their own needs. But it is a new thing, and despite my support for gay marriage, I don't see where the 14th amendment guarantees anyone the right to force a change in definition, just to use a contract.
And I do find it ironic that posters such as CS are getting hammered on this, when polygamists are currently getting nailed by people on the left and right when they ask for equal treatment. Or how about marriages between minors/adults? Both of those forms of marriage have more commonality across cultures and history, than gay marriage, yet find no support.
While CS hasn't brought it up, does the 14th amendment work to protect all these other types of marriage as you argue it should cover gays? If not, why not? If so, then why is the movement for extending rights to gays alone, rather than freeing up the concept of marriage to fit all forms currently practiced by people around the world? Indeed why when fundies bring up these other forms of marriage, do those in support of gay marriage promise it won't happen?

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 186 by Dan Carroll, posted 09-25-2006 3:37 PM Dan Carroll has replied

Replies to this message:
 Message 194 by berberry, posted 09-25-2006 4:40 PM Silent H has replied
 Message 198 by Dan Carroll, posted 09-25-2006 4:51 PM Silent H has replied
 Message 199 by New Cat's Eye, posted 09-25-2006 4:52 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 193 of 243 (352185)
09-25-2006 4:37 PM
Reply to: Message 189 by berberry
09-25-2006 4:25 PM


to which IIRC holmes disagreed: I find it very difficult to believe that two heterosexual men are going to enter a sham marriage with each other, granting conjugal rights to each other and necessitating a divorce before either could enter a straight marriage, just so they can save a bit of money on health insurance.
I can't remember what my exact reply was, but I did disagree that such a thing would not happen. Moreover I believe I pointed out that there is more than just insurance at stake. People could use this to bring in friends from foreign countries or OTHER issues which relate to marriage.
That said, I don't think that's a reason to deny gay marriage. People can abuse just about anything so that's not a reason to deny people the ability to pursue a legitimate freedom.
Ironically, it is this very argument that gets used against polygamists, and for some reason is considered valid in such cases. My only argument is that I think such abuses could happen, and for those that use such arguments against other groups, will have to logically accept them as arguments against gay marriage.
This is why I, sadly, find antigay marriage activists with a more logically consistent position. They don't really waffle when it comes to the arguments they use for denying people the right to marriage.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 189 by berberry, posted 09-25-2006 4:25 PM berberry has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 195 of 243 (352187)
09-25-2006 4:41 PM
Reply to: Message 190 by nator
09-25-2006 4:28 PM


I agree completely, and that's why I don't buy CS's use of this very argument.
Whether you find it difficult to believe fraud would occur or not, do you believe voters can restrict activity based on fears that it might happen? I mean, logically it COULD happen once gay marriage is allowed. The difference here seems to be about frequency of it actually happening.
Many laws are based to exclude any possibility of abuse occuring, even at the cost of freedom for a minority group.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 190 by nator, posted 09-25-2006 4:28 PM nator has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 201 of 243 (352195)
09-25-2006 4:56 PM
Reply to: Message 194 by berberry
09-25-2006 4:40 PM


Ahhh... not sure if you are in the middle of replying to my post to you right now. If these replies get crossed, apologies in advance.
The only thing I can come up with to refute you would be that the state might have a legitimate interest in limiting next-of-kin to either one's parents or just one spouse.
Since children are usually (legally) considered tied to the birth mother, this really wouldn't be much of a problem. At least no more than any messy monogamous based marriage scenario now with divorces and remarriages and the ensuing custody battles.
If the mother dies then the natural father would be the next caretaker. I think the only "problem" would be if both died and one had multiple other "mothers" or "fathers" to deal with that were never connected by blood. But again, that would look like any custody issue with many family members with equal claim to something (like an inheritance).
But more importantly, if this is an issue then you need to consider that antigay activists can use it to exclude gay marriages. If they are to have kids then they will normally have to involve surrogacy of some kind or adoption, surrogacy being an even greater stickler than what is detailed above. Whew, and let's not even mention if it involves artificial insemination by a third party of one of two women who both want to be the "mom".
One can argue that gays don't necessarily have to have children... but neither do polygamists. Indeed neither do incestuous couples who are also denied marriage rights (who are banned allegedly to prevent them from having kids)... even gay incestuous couples who couldn't have children if they wanted.
It really seems to me there are two logically valid options... if we are to keep marriage as something gov't operates... champion the broadest interpretation so that all may have a shot at legally protecting their relationships, or allow the majority to set the definition based on their fears/whims.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 194 by berberry, posted 09-25-2006 4:40 PM berberry has replied

Replies to this message:
 Message 212 by berberry, posted 09-25-2006 5:24 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 208 of 243 (352209)
09-25-2006 5:16 PM
Reply to: Message 198 by Dan Carroll
09-25-2006 4:51 PM


This line of argument was shot down in Loving v. Virginia.
Sorry Dan, but that doesn't work. My argument was based on the factual definition of marriage. In Loving they could very well point out that the traditional definition of marriage never included race. It was only on local levels (and "recent" times at that) where race was added. Heck, even the person arguing for the discrimination pointed out it was a recent change to marriage laws.
There simply is no comparison between that and gay marriage, which has NO historical basis and is not part of the common definition.
If he's wrong, he's wrong. Whether I'm hypocritical about polygamy has no bearing on that.
Uh, you essentially just tried to bring hypocrisy in as an issue yourself. But let's just say while you can be hypcritical if you want, it would potentially stand against you in an argument (depending on rational arguments given), and definitely stands against you on the point I was trying to make about if your arguments would stick.
If you could be shown to be a hypocrite, and argued for ability to enforce such hypocrisy, then CS could argue for that same ability.
To me, it ties into a whole different area of law... that minors are, by and large, treated as an exception to this amendment, in that they are not allowed the full range of many rights until an arbitrarily assigned age.
Yeah, we don't have to get into it as we can use more obvious examples like polygamy and incest. However I will note that minors are not prohibited from entering contracts with the consent of their parents, that is all except marriage contracts. Thus the prohibitive laws are not based on simply being minors in some consistent fashion with other laws about minors. I'd also add that isn't really comparable with restrictions on voting, or things like driving. Those are restrictions on freedoms where the activity directly effects the well being of others. That is not the same for marriage.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 198 by Dan Carroll, posted 09-25-2006 4:51 PM Dan Carroll has replied

Replies to this message:
 Message 215 by Dan Carroll, posted 09-25-2006 5:27 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 211 of 243 (352212)
09-25-2006 5:22 PM
Reply to: Message 199 by New Cat's Eye
09-25-2006 4:52 PM


Do you think its a bit shaky to just lump the word gay into the already existing marriage laws?
Heheheh... take a look at the law books for any state, even those related to marriage issues alone. Allowing gays to marry won't make it any more lumpier than it already is. People have a point when they say if people really want to defend the concept of marriage, they'd outlaw divorce.
Don't you think there is a better way?
Yes, and berb has already answered it. We've had a lot of back and forth on it and I definitely agree blank civil unions are the best answer, with people holding their own religious services as they see fit.
I think you replied to him to ask what would happen to things currently addresses to "marriage"? They laws could simply recognize all mention of marriage in other laws to apply to civil unions, and all previous marriage certificates to be equal to civil union certs.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 199 by New Cat's Eye, posted 09-25-2006 4:52 PM New Cat's Eye has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 216 of 243 (352217)
09-25-2006 5:28 PM
Reply to: Message 212 by berberry
09-25-2006 5:24 PM


Seems to me the solution would be to designate one party as the legal equivalent of a maternal parent.
I agree, but then that brings us back to the same kinds of issues you brought up as a possible problem for polygamists.
I guess I never understand the arguments that having to do such a thing (create new legal definitions to cover a new situation) should be considered a bar to any freedom. Is it that people are so stupid they can't come up with a proper solution? If that's not the case then go ahead with the freedom and we'll deal with legal solution.
Looks like we're getting CS to accept civil unions... ahhhhhh, solutions.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 212 by berberry, posted 09-25-2006 5:24 PM berberry has not replied

Replies to this message:
 Message 218 by New Cat's Eye, posted 09-25-2006 5:32 PM Silent H has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 220 of 243 (352223)
09-25-2006 5:38 PM
Reply to: Message 215 by Dan Carroll
09-25-2006 5:27 PM


Regardless, I'm not aware of any official codification of marriage as man/woman in the US government. If I'm not mistaken, isn't that why DOMA and such are being introduced?
On the state level there are some (can't remember number) which codify marriage as man/woman. On the Fed level I don't think there are any marriage laws per se, but there are laws which relate to those that are married and tend to be written with a concept of man/woman.
DOMA was meant to assure the the Fed gov't would not be forced to accept any state or foreign gay marriages, as well as protect other states from having to do the same.
The latter gimme the jibblies, but that's no reason to deny it to people.
Heheheh... okay I'm gonna give ya the needle. If anyone said gays give them the jibblies, would you consider them a homophobe? I bring this up only because it has been brought up elsewhere as a question.
In any case you made it sound cute. Jibblies. Yessir I like it.
*shrugs* Okay, replace it with the drinking age.
Heheheh... kids can drink with the permission of their parents. Remember in some churches kids don't just get grape juice, they drink BLOOD!!!... oh, I meant wine.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 215 by Dan Carroll, posted 09-25-2006 5:27 PM Dan Carroll has replied

Replies to this message:
 Message 230 by Dan Carroll, posted 09-25-2006 7:15 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 221 of 243 (352224)
09-25-2006 5:43 PM
Reply to: Message 219 by berberry
09-25-2006 5:36 PM


We gays were demonized mercilessly by right-wingers during that campaign and our nerves were raw
What is your opinion of "log cabin" republicans? And if you know much about them, what is their proposed solutions for gay marriage, as well as dealing with the far right of their party?
I don't know much about them myself, but always wondered how they could stomach the party. I'm not sure if Cheney's kid was considered one or not, but I know I couldn't stomach her.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 219 by berberry, posted 09-25-2006 5:36 PM berberry has replied

Replies to this message:
 Message 222 by berberry, posted 09-25-2006 6:07 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 223 of 243 (352231)
09-25-2006 6:11 PM
Reply to: Message 222 by berberry
09-25-2006 6:07 PM


although he abandoned them last election and voted for Kerry
Well that may go to show that the guy was actually a conservative. No one that voted for Bush in 2004 voted conservative. Kerry was closer to that traditional platform.
Sullivan argued, quite persuasively, that marriage should come first. Once that was accomplished, he felt that military service and other equality issues would fall into place over time with little resistance.
I'd have liked to see that argument. I don't understand it myself.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 222 by berberry, posted 09-25-2006 6:07 PM berberry has replied

Replies to this message:
 Message 224 by berberry, posted 09-25-2006 6:20 PM Silent H has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 232 of 243 (352293)
09-26-2006 4:03 AM
Reply to: Message 230 by Dan Carroll
09-25-2006 7:15 PM


if someone said, "Gays gimme the jibblies, therefore we should outlaw homosexuality," it might be a different story.
I understand what you are saying and agree. I'm not meaning to give you a hard time or anything as I think we share an extremely similar position. I just raised the point because in another thread someone who said they didn't support laws against homosexuality but felt weirded out by it, was called a homophobe. I think one person came to his defense.
Not legally.
As far as I understand the laws on this, it is not legal to purchase liquor for kids. But one can allow one's own children to drink alcohol (purchased for one's own use)... within limits of safety. That's even true at restaurants.
Well, now you've crossed over into the realm of whacked out science fiction.
On a purely geek level, would that count as science fantasy instead of science fiction? Or maybe it doesn't count as fantasy until you have a unicorn.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 230 by Dan Carroll, posted 09-25-2006 7:15 PM Dan Carroll has not replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 239 of 243 (352611)
09-27-2006 11:08 AM
Reply to: Message 238 by subbie
09-27-2006 10:38 AM


Re: Liberal vs Conservative
you know, in the exact same way that we "normal" people do.
What is normal? I think its pretty clear that many people do not define homosexual activity as normal, and do not view what they want to do as exactly the same.
Can you think of other groups that might want to declare their love and devotion in the same way that "normal" people do, but you (or most people) would not want to give them such ability?
Can you give me one logical reason why they shouldn't be able to do so?
There are no logical reasons to proscribe any basically consensual activity. Yet it happens all the time. I think you are going to have to aim at a larger target first. Must laws be based on logical foundations? If so, what are they?
If this is not resolved for everyone, there is no real need for any particular group to defende their choice on such grounds.

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 238 by subbie, posted 09-27-2006 10:38 AM subbie has replied

Replies to this message:
 Message 240 by subbie, posted 09-27-2006 12:07 PM Silent H has replied

  
Silent H
Member (Idle past 5850 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 243 of 243 (352754)
09-28-2006 6:05 AM
Reply to: Message 240 by subbie
09-27-2006 12:07 PM


being normal
I guess I wasn't as clear as I should have been. You created an argument which imposed a demand on the poster. The apparent thrust of your argument, and you can correct me if I am wrong, is that if someone could not match your stated criteria their position was somehow undercut.
I was attempting to point out that your criteria were wholly subjective and do not actually hold with respect to the accepted legitimacy for laws. That is to say the poster need not fit your criteria for their position to be valid.
I suppose in the context of the present discussion, it would mean heterosexual, as opposed to homosexual. At least, that is what I take it to mean when people talk about normal in this context. I put it in quotes in an effort to show that I don't think there is necessarily anything normal about heterosexuality or abnormal about homosexuality.
But then you realize your whole argument is circular, correct? You have created your own definition or perception of normality and are using that to shape your question, despite the fact that no one else has to agree. Only by assuming your position to be true, does your argument become valid.
Certainly what homosexuals want to do is not exactly the same in every way, or they wouldn't be homosexuals, would they?
You said exactly the same way in your earlier post which is partly what drew me into replying. Other people look at the differences and cue in on those as important. Apparently you are cueing in solely on reason, which is not itself sufficient.
Let me give you an example. Many people want to be chefs or enjoy preparing the food of others. They all have the same "reason". So did Typhoid Mary. Yet society took it into their own to prevent her from doing such things because of OTHER aspects related to her engaging in those functions.
You may not know of many gays who state another reason for wanting to be married, but I seriously don't remember anyone trying to prevent gays from marrying as focusing on their reason to get married. That is besides from trying to "normalize" gayness in the culture, which you seem willing to accept as a possible reason for some.
I asked for a logical reason to make a distinction between gay marriage and straight marriage because this is a thread about gay marriage. If you would like to start separate threads for any other type of marriage, I'd happily discuss whether there is a logical basis, or any other basis, for such distinctions in those threads.
Ahem... by which I take it you did not read the OP? This thread certainly isn't about logical reasons to make a distinction between gay marriage and straight marriage, and certainly isn't a thread to use your criteria for doing so. Thus the author and anyone else can throw your above statement back at you.
As it is I was not trying to discuss all laws, though I suppose I could, I was only meaning to discuss laws about codifying relationsips. I'm sorry for not being clearer.
Given that legal codes regarding relationships are not based on logic at all, why should anyone have to find a logical reason for not accepting homosexual marriages? Why must this be true for homosexuals when it is not going to be applied to others? You may want to parse it out in order to avoid potential hypocrisy, but my question is legitimate given the argument you have advanced.
As far as miscegenation laws go, the currrent argument against homosexual marriage is the traditional meaning or definition of marriage in our culture. As I pointed out earlier that was not true for miscegenation. Even those in support of miscegenation laws stated that it was an alteration from traditional definitions, simply a change that they felt was necessary.
And it might be pointed out that the criteria most people are likely to focus on when judging relationships would be the same for interracial couples, namely being able to support the family you are going to build via heterosexual intercourse.
Edited by holmes, : removing some of the pepper

holmes {in temp decloak from lurker mode}
"What a fool believes he sees, no wise man has the power to reason away." (D.Bros)

This message is a reply to:
 Message 240 by subbie, posted 09-27-2006 12:07 PM subbie has not replied

  
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