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Username Post: Judge's ruling regarding CA Prop 8        (Topic#14950)
lostyankee 
enthusiast
Posts: 1262

Reg: 10-27-05

08-06-10 06:02 PM - Post#116064    
    In response to lostyankee

I fall in the camp of let those wanting to be together, regardless of orientation, do so... be happy, no skin off my nose.

That said, I find the term "marriage" to be limited to heterosexual unions.

 
MissingChico 
enthusiast
Posts: 2228
MissingChico
Reg: 02-13-06

08-06-10 06:58 PM - Post#116065    
    In response to lostyankee

  • lostyankee Said:
Those would be Jewish reasons for opposing homosexuality. For it to be Christian you would need some citations of the NEW Testament.




I can accept that. I should have used the word religious. That being the case, if homosexuality is only bad in the Old Testament and modern day Christians have all but abandoned the old Testament, why do American Christians have such wood regarding the subject?
I get my news from the Comedy Central and my comedy from Fox News.


 
Jimi Ray Clapton 
enthusiast
Posts: 1970
Jimi Ray Clapton
Reg: 09-03-07

08-06-10 07:02 PM - Post#116066    
    In response to MissingChico

In my best Butthead voice: "You thed wood"
I reserve the right to change who I am, my opinions, my views and my actions based on new and more accurate information that I receive.


 
rtinallentx 
enthusiast
Posts: 371

Loc: Allen, TX, USA
Reg: 04-08-03

08-07-10 03:13 PM - Post#116083    
    In response to mgrayar

  • mgrayar Said:
  • MissingChico Said:
  • Michael Said:
  • Aolain Said:

If the goal is a legal recognition of the contract, then the name does not matter.

I have thought that if the term "union" was applied, they would have that already. It is the term "marriage" that gets people's dander up....we see that here.

Watching this debate years ago, I think there was some discussion of the word "union" vs "marriage."

I think the GLB community decided (or at least a significant portion) "we are equal, we will not use another word for our equality." I believe the point was that "union" would denote 2nd class status.

Now, as mgrayar points out, however, this may have hurt their cause...even if it is, as I conceptualize it, just a word--but as pointed out, words have, at least, emotional meaning.



I think this is VERY true. If they had gone for a "civil union" or just "union" it would be over and done with by now.

On forms that ask married/single/divorce etc. They could just add union or civil union. Kind of like they ask parent/legal guardian on forms now.

After they got this (which I think would pass in a heart beat) they could go to get the "legal" (government) name changed for all couples to "civil union". This name would include different sex couples and same sex couples.

They would achieve their goals MUCH faster taking this approach.



I do not recall off the top of my head, however there are very valid reasons for wanting "marriage". I'll have to find that and post it. It all seems like a matter of semantics on the surface.

I'll bet if a Muslim cleric proposed we apply Sharia Law to ban gay marriage based on Muslim teachings, we'd have enough outrage generated to pass gay marriage nationwide.


Chico, the point Aolain and I were making was this....since day one of this debate, there were basically two roads to accomplish the same goal. The first road (chosen by the activists) was to seek an expansion of the definition of marriage to include gay marriages (allowing for married same sex couples to be recognized and given equal rights under the law). This first road would have left the language of a Civil Union unchanged (and to your point, inferior to marriage).

The second road would have been to leave marriage alone, but seek to strengthen the Civil Union language to that of equal rights to marriage. This would have been a concession in WORDS, but probably would have been achieved long ago. Of course, the road chosen was their right, but it seems (to me) that their cause has been hindered by that choice. Sometimes you have to give a little to gain a lot.



Equal is equal; it can't be the same, but different. Whether the separation is a physical one as was the case with school segregation or a symantical one as is the case with marriage vs civil union, seperate is never truely equal!

"Separate but Equal" wasn't right for schools it isn't right for marriage.

 
lostyankee 
enthusiast
Posts: 1262

Reg: 10-27-05

08-07-10 03:26 PM - Post#116084    
    In response to MissingChico

There are several references in the NT as well, along with many contradictions of Leviticus mandated norms (food restrictions being the just the start). I'd challenge the assertion that modern day Christians have all but abandoned the OT, but you'd be correct in the statement that many don't understand it well enough, aside from the prophetic passages.



 
Aolain 
enthusiast
Posts: 1190

Reg: 11-13-06

08-08-10 08:56 PM - Post#116094    
    In response to MissingChico

Interesting article from a FOX News interview about this issue...

http://wonkroom.thinkprogress.org/2010/08/08/walla...

 
Joe Schirmer 
enthusiast
Posts: 1325
Joe Schirmer
Loc: SE Allen
Reg: 06-30-08

08-08-10 09:47 PM - Post#116096    
    In response to Aolain

Interesting article, but it doesn't mention where the right to same sex marriage can be found in the constitution.


 
chf 
enthusiast
Posts: 492
chf
Loc: NW Allen
Reg: 12-22-07

08-08-10 10:19 PM - Post#116097    
    In response to Joe Schirmer

  • Joe Schirmer Said:
Interesting article, but it doesn't mention where the right to same sex marriage can be found in the constitution.



Where is the "right" to a heterosexual marriage located in the Constitution?

Hint - it's not. Equal protection under the law is in the Constitution, however.

 
Aolain 
enthusiast
Posts: 1190

Reg: 11-13-06

08-08-10 10:47 PM - Post#116098    
    In response to chf

chf:

Yep.

On a different note, I went to the community forums of the run-down burg my in-laws live in in East Texas just to see how they were addressing this issue of gay marriage.

Now, while this thread has been filled with thoughtful, respectful debate.......

The comments from "that town in East Texas" was enough to make one gag....interesting is the difference between the two groups....probably a higher level of education here as well as much less "my wife is my cousin."


Anyway, this has been an interesting thread, one that has not seen (as that other board) crazed insults and cries of "God Hates Gays."

Well-done guys.

 
rtinallentx 
enthusiast
Posts: 371

Loc: Allen, TX, USA
Reg: 04-08-03

08-08-10 10:56 PM - Post#116099    
    In response to Joe Schirmer

  • Joe Schirmer Said:
Interesting article, but it doesn't mention where the right to same sex marriage can be found in the constitution.



Where can the right to opposite sex marriage be found in the constitution?

The 14th ammendment does however say:

  • usconstitution.net Said:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.



And "due process" doesn't mean a vote of the people.

  • usconstitution.net Said:
Due process, in the context of the United States, refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations.

In that, the "how" is procedural due process. Is a law too vague? Is it applied fairly to all? Does a law presume guilt? A vagrancy law might be declared too vague if the definition of a vagrant is not detailed enough. A law that makes wife beating illegal but permits husband beating might be declared to be an unfair application. A law must be clear, fair, and have a presumption of innocence to comply with procedural due process.

The "why" is substantive due process. Even if an unreasonable law is passed and signed into law legally (procedural due process), substantive due process can make the law unconstitutional. The Roe v Wade abortion decision declared a Texas law in violation of due process and ruled that in the first trimester, it is unreasonable for a state to interfere with a woman's right to an abortion; during the second trimester, it is reasonable for a state to regulate abortion in the interest of the health of mothers; and in the third, the state has a reasonable interest in protecting the fetus. Another application has been to strike down legislation requiring certain non-dangerous mentally ill persons be confined against their will.



 
rtinallentx 
enthusiast
Posts: 371

Loc: Allen, TX, USA
Reg: 04-08-03

08-08-10 10:59 PM - Post#116100    
    In response to chf

  • chf Said:
  • Joe Schirmer Said:
Interesting article, but it doesn't mention where the right to same sex marriage can be found in the constitution.



Where is the "right" to a heterosexual marriage located in the Constitution?

Hint - it's not. Equal protection under the law is in the Constitution, however.



Shoot, you beat me to the point.

 
Joe Schirmer 
enthusiast
Posts: 1325
Joe Schirmer
Loc: SE Allen
Reg: 06-30-08

08-09-10 08:16 AM - Post#116104    
    In response to rtinallentx

  • rtinallentx Said:
  • Joe Schirmer Said:
Interesting article, but it doesn't mention where the right to same sex marriage can be found in the constitution.



Where can the right to opposite sex marriage be found in the constitution?



It doesn't exist in the Constitution.

  • rtinallentx Said:

The 14th ammendment does however say:

  • usconstitution.net Said:
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.



And "due process" doesn't mean a vote of the people.

  • usconstitution.net Said:
Due process, in the context of the United States, refers to how and why laws are enforced. It applies to all persons, citizen or alien, as well as to corporations.

In that, the "how" is procedural due process. Is a law too vague? Is it applied fairly to all? Does a law presume guilt? A vagrancy law might be declared too vague if the definition of a vagrant is not detailed enough. A law that makes wife beating illegal but permits husband beating might be declared to be an unfair application. A law must be clear, fair, and have a presumption of innocence to comply with procedural due process.

The "why" is substantive due process. Even if an unreasonable law is passed and signed into law legally (procedural due process), substantive due process can make the law unconstitutional. The Roe v Wade abortion decision declared a Texas law in violation of due process and ruled that in the first trimester, it is unreasonable for a state to interfere with a woman's right to an abortion; during the second trimester, it is reasonable for a state to regulate abortion in the interest of the health of mothers; and in the third, the state has a reasonable interest in protecting the fetus. Another application has been to strike down legislation requiring certain non-dangerous mentally ill persons be confined against their will.





If marriage has been defined for over 5 thousand years as the start of a new family, then how is the inability of a same sex couple to be married denying them "due process" when it is nature which is denying the same sex couple the ability to start a family? Why the sudden urge to change the institution of marriage to where it is no longer considered the start of a new family?

Edited by Joe Schirmer on 08-09-10 08:17 AM. Reason for edit: No reason given.

 
Uncle Al 
member
Posts: 41

Loc: allen, texas
Reg: 05-14-04

08-09-10 08:19 AM - Post#116106    
    In response to rtinallentx

Ok, so where does one start . . . .

My youngest brother is "gay" so I do have a view on this that is NOT full of hate or "homo-phobia", however . . . .

Marriage is between a man and a woman. it started 1000's of years ago and it WAS a religious covenant that was entered into. A man and a woman came together under the eyes of God to become ONE and to create a family.

Here we are 1000's of years later and we find ourselves in a "world society" where there is acceptance of what, just 50 years ago, was totally
against social mores. Fifty years ago the closet doors were chained and locked !

So, here we are in 2010 and find ourselves debating whether two MEN having sex constitutes the same basic relationship that a male/female marriage entails.

It's "apples and oranges" folks. "Gays" aleady have the "right" to get married . . . JUST like everyone else. The issue is that they DON'T want to marry someone of the opposite sex. becuase of this they WANT to have their own seperate "right" to do as they please.

I understand how two men can really care for eachother and feel totally ripped off when they do not have the same "rights" to enter a hospital room, etc. That is an issue that should be legislated with hospitals, NOT with re-defining marriage in my view.

I work in an industry that is full of "gay" people. I have a brother that "is" gay. With the experience that I have aquired . . . I see this "Gay Marriage" issue as one more step to try and achieve acceptance, nothing more.

At first the "gay community" just wanted to be 'left alone to do thier thing". Slowly they have chiseled away at social mores to try and gain acceptance. Their feelings of inadequecy motivates them(generalized) to want their behavior to be accepted by society. That is what this is folks.

This isn't about civil rights. "Gays" have the SAME "civil rights" as "straight" people. They want their OWN civil rights that will then make them feel that in the eyes of society . . . they are as good as the "breeders".

There is NO malice in my thought process as I write these things . . . so please don't go there.

So, what say you?
Popularity is never a measuring stick for truth.


 
sco 
enthusiast
Posts: 2667
sco
Loc: allen,TX USA
Reg: 10-26-02

08-09-10 08:31 AM - Post#116107    
    In response to Joe Schirmer

  • Joe Schirmer Said:

If marriage has been defined for over 5 thousand years as the start of a new family, then how is the inability of a same sex couple to be married denying them "due process" when it is nature which is denying the same sex couple the ability to start a family? Why the sudden urge to change the institution of marriage to where it is no longer considered the start of a new family?


By that logic one could make the case that a couple unable or unwilling to have children can't be married since it isn't the start of a new family. I'd be willing to bet that many gay couples consider themselves a family just like many childless herosexual couples consider themselves a family. Thousands of years ago polygamy was common and the definition of family was considerably different that it is now. Definitions of social institutions evolve.
Susan


 
Joe Schirmer 
enthusiast
Posts: 1325
Joe Schirmer
Loc: SE Allen
Reg: 06-30-08

08-09-10 08:37 AM - Post#116109    
    In response to Uncle Al

  • Uncle Al Said:

Marriage is between a man and a woman. it started 1000's of years ago and it WAS a religious covenant that was entered into. A man and a woman came together under the eyes of God to become ONE and to create a family.



Slight clarification. It has historically been a more of a civil institution. In the west, it was Christianity which turned marriage into a sacrament. Ever since marriage has been a civil/religious institution in the west.

If this was a purely religious institution, then I would say the government has no business handing out marriage licenses.


 
Joe Schirmer 
enthusiast
Posts: 1325
Joe Schirmer
Loc: SE Allen
Reg: 06-30-08

08-09-10 08:49 AM - Post#116111    
    In response to sco

  • sco Said:
  • Joe Schirmer Said:

If marriage has been defined for over 5 thousand years as the start of a new family, then how is the inability of a same sex couple to be married denying them "due process" when it is nature which is denying the same sex couple the ability to start a family? Why the sudden urge to change the institution of marriage to where it is no longer considered the start of a new family?


By that logic one could make the case that a couple unable or unwilling to have children can't be married since it isn't the start of a new family. I'd be willing to bet that many gay couples consider themselves a family just like many childless herosexual couples consider themselves a family. Thousands of years ago polygamy was common and the definition of family was considerably different that it is now. Definitions of social institutions evolve.



As I said earlier, the intent to have children is essential in defining marriage. It does not makes any sense to be married if you do not intend upon having children. If a couple (of any gender orientation) wish to cohabitat then I think that a civil union would be the appropriate institution to use at that point.

 
MissingChico 
enthusiast
Posts: 2228
MissingChico
Reg: 02-13-06

08-09-10 08:50 AM - Post#116112    
    In response to Joe Schirmer

  • Joe Schirmer Said:
  • Uncle Al Said:

Marriage is between a man and a woman. it started 1000's of years ago and it WAS a religious covenant that was entered into. A man and a woman came together under the eyes of God to become ONE and to create a family.



Slight clarification. It has historically been a more of a civil institution. In the west, it was Christianity which turned marriage into a sacrament. Ever since marriage has been a civil/religious institution in the west.

If this was a purely religious institution, then I would say the government has no business handing out marriage licenses.




When settlers moved west over the prairie, a wedding was nothing but a ceremony in the presence of witnesses, essentially a commom-law marriage. I would agree, the government should have nothing to do with it other than document it for whatever legal purposes.
I get my news from the Comedy Central and my comedy from Fox News.


 
MissingChico 
enthusiast
Posts: 2228
MissingChico
Reg: 02-13-06

08-09-10 08:56 AM - Post#116113    
    In response to Uncle Al

  • Uncle Al Said:
Ok, so where does one start . . . .

My youngest brother is "gay" so I do have a view on this that is NOT full of hate or "homo-phobia", however . . . .

Marriage is between a man and a woman. it started 1000's of years ago and it WAS a religious covenant that was entered into. A man and a woman came together under the eyes of God to become ONE and to create a family.

Here we are 1000's of years later and we find ourselves in a "world society" where there is acceptance of what, just 50 years ago, was totally
against social mores. Fifty years ago the closet doors were chained and locked !

So, here we are in 2010 and find ourselves debating whether two MEN having sex constitutes the same basic relationship that a male/female marriage entails.

It's "apples and oranges" folks. "Gays" aleady have the "right" to get married . . . JUST like everyone else. The issue is that they DON'T want to marry someone of the opposite sex. becuase of this they WANT to have their own seperate "right" to do as they please.

I understand how two men can really care for eachother and feel totally ripped off when they do not have the same "rights" to enter a hospital room, etc. That is an issue that should be legislated with hospitals, NOT with re-defining marriage in my view.

I work in an industry that is full of "gay" people. I have a brother that "is" gay. With the experience that I have aquired . . . I see this "Gay Marriage" issue as one more step to try and achieve acceptance, nothing more.

At first the "gay community" just wanted to be 'left alone to do thier thing". Slowly they have chiseled away at social mores to try and gain acceptance. Their feelings of inadequecy motivates them(generalized) to want their behavior to be accepted by society. That is what this is folks.

This isn't about civil rights. "Gays" have the SAME "civil rights" as "straight" people. They want their OWN civil rights that will then make them feel that in the eyes of society . . . they are as good as the "breeders".

There is NO malice in my thought process as I write these things . . . so please don't go there.

So, what say you?




So, here we are in 2010 and find ourselves debating whether two MEN having sex constitutes the same basic relationship that a male/female marriage entails.

I certainly hope you don't use that argument with your brother. I don't see what sex or the act of sex has to do with any of this. Marriage is the relationship and dedication to one individual, not a license for sex. Gay people simply want equal protection under the law. This gets into so many areas that have absolutely nothing to do with sex. This argument could certainly cause some alienation between you and your brother because it would appear on the surface that your a bit fixated on that one thing.
I get my news from the Comedy Central and my comedy from Fox News.


 
MissingChico 
enthusiast
Posts: 2228
MissingChico
Reg: 02-13-06

08-09-10 09:01 AM - Post#116114    
    In response to MissingChico

There was an excellent argument on FOX news of all places that left Chris Wallace all but conceding based on the legal argument.

Chris Wallace interview
I get my news from the Comedy Central and my comedy from Fox News.


 
sco 
enthusiast
Posts: 2667
sco
Loc: allen,TX USA
Reg: 10-26-02

08-09-10 09:20 AM - Post#116115    
    In response to Joe Schirmer

  • Joe Schirmer Said:
  • sco Said:
  • Joe Schirmer Said:

If marriage has been defined for over 5 thousand years as the start of a new family, then how is the inability of a same sex couple to be married denying them "due process" when it is nature which is denying the same sex couple the ability to start a family? Why the sudden urge to change the institution of marriage to where it is no longer considered the start of a new family?


By that logic one could make the case that a couple unable or unwilling to have children can't be married since it isn't the start of a new family. I'd be willing to bet that many gay couples consider themselves a family just like many childless herosexual couples consider themselves a family. Thousands of years ago polygamy was common and the definition of family was considerably different that it is now. Definitions of social institutions evolve.



As I said earlier, the intent to have children is essential in defining marriage. It does not makes any sense to be married if you do not intend upon having children. If a couple (of any gender orientation) wish to cohabitat then I think that a civil union would be the appropriate institution to use at that point.


I give you credit for consistency if you indeed believe that a heterosexual couple who does not intend to have children should not be allowed to be legally married. How would you address a couple that knows they are physically unable to have children and don't intend to adopt? Should they be allowed to be married? What about a couple who is past child bearing age? I'm really not trying to split hairs and you do have something of a point that marriage as an institution was created at least in part for the protection of children. However, most people do not currently think of it as purely for procreation. I don't think there would be much public support for such a narrow definition of marriage.
Susan


 
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