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Gay Marriage Debate and defend your political beliefs as to whether or not marriage should be only defined as a union between a man and a woman.

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Old 05-03-2007, 07:57 AM   #81 (permalink)
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Quote:
The able-bodied ARE denied the benefit of a handicapped parking permit.
For you to try and use this "analogy" to pretend that the able-bodied are not discriminated against is mind-bogglingly stupid.

They ARE discriminated against, but there exists a LEGITIMATE STATE INTEREST for doing so. The handicapped need the assistance whereas the able-bodied do not.
Of course, the reason that there are handicapped parking spaces, is because there are a limited number of convenient parking spaces.

To the best of my knowledge,there is no limit to the number of marriage licenses that can be granted.

It's a stupid analogy.

(Not to mention, Americans have the right to marry - there is no right for handicapped people to get a special parking space.)
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Legalized same-sex marriage almost certainly benefits those same-sex couples who choose to marry, as well as the children being raised in those homes. - David Blankenhorn is president of the New York-based Institute for American Values and the author of "The Future of Marriage."
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Old 05-03-2007, 02:16 PM   #82 (permalink)
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Quote:
Originally Posted by foundit66 View Post
It is very much a contradiction.

Garysher claims that gays and straights have "equality".
But then he turns around and claims that there are "consequences" for being gay.

If they are truly "equal", there are no "consequences" for gays that straights don't have to face.
>>>>>>>>>>>>>>

Your assertion is simply untrue. If I were prone to hysteria like you then I would call you a liar.

As it is we will give you the benefit of the doubt and assume you made another mistake.

THe fact is that choices have consequences.


Any "condition" attached to a right must have a LEGITIMATE STATE INTEREST for its existence.
If that "condition" doesn't have a "legitimate state interest", then the "condition" is unconstitutional.

It's just that simple.
>>>>>>>>>>>>

I'll let Washington State's highest court answer that question:

In brief, unless a law is a grant of positive favoritism to a minority class, we apply the same constitutional analysis under the state constitution's privileges and immunities clause that is applied under the federal constitution's equal protection clause.

DOMA does not grant a privilege or immunity to a favored minority class, and we accordingly apply the federal analysis.

The plaintiffs have not established that they are members of a suspect class or that they have a fundamental right to marriage that includes the right to marry a person of the same sex.

Therefore, we apply the highly deferential rational basis standard of review to the legislature's decision that only opposite-sex couples are entitled to civil marriage in this state.

Under this standard, DOMA is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential
to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents.

Allowing same-sex couples to marry does not, in the legislature's view, further these purposes. Accordingly, there is no violation of the privileges and immunities clause




They ARE discriminated against, but there exists a LEGITIMATE STATE INTEREST for doing so. The handicapped need the assistance whereas the able-bodied do not.

Is this possibly where you try to compare the heterosexuals to the handicapped? And maybe you think heterosexuals need assistance, as in marriage, while the gays who are comparatively the able-bodied people do not?

I find that thought fascinating.
Please elaborate...
See above
Old 05-03-2007, 07:44 PM   #83 (permalink)
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Quote:
Originally Posted by garysher View Post
Your assertion is simply untrue.
And there he goes again, just blindly saying what I said was false, but giving ABSOLUTELY NO REASON for why it is false.


Quote:
Originally Posted by garysher
THe fact is that choices have consequences.
If one avenue has "consequences", and the other avenue lacks these "consequences", the two ARE NOT EQUAL.
It is stupid to claim otherwise.

If a person robs a liquor store, that "has consequences".
Are we going to pretend that the robber sitting in jail is being treated "equally" to the man who is sitting on his couch at home???
It's stupid!
And not surprising that garysher has undertaken this idiocy.


Quote:
I'll let Washington State's highest court answer that question:
In brief, unless a law is a grant of positive favoritism to a minority class, we apply the same constitutional analysis under the state constitution's privileges and immunities clause that is applied under the federal constitution's equal protection clause.
And marriage would obviously qualify.
It's like saying a law which gives tax breaks to those who worship with a crucifix and not to Jews does not give "positive favoritism" to the Christians.


Quote:
DOMA does not grant a privilege or immunity to a favored minority class, and we accordingly apply the federal analysis.
Absurdity number 1.
DOMA OBVIOUSLY DOES grant favored status to straights.
Straight people have their relationships recognized by the state via "marriage", and gays do not have their relationships likewise recognized.


Quote:
The plaintiffs have not established that they are members of a suspect class or that they have a fundamental right to marriage that includes the right to marry a person of the same sex.
1) "suspect class" is irrelevant. Equal protection applies REGARDLESS of whether or not a group is a "suspect class".
There is nothing in the 14th amendment specifying it applies only to suspect classes.
2) MARRIAGE is the fundamental right. It is the burden of proof of the state to prove they have a legitimate state interest in the discrimination.
To require that the people prove they have a "right to ..." perform the discriminated against act is inane and pointless. How the heck would you "prove" you have a right to do something that you are not allowed to do?
It's a catch-22...


Quote:
Therefore, we apply the highly deferential rational basis standard of review to the legislature's decision that only opposite-sex couples are entitled to civil marriage in this state.
Under this standard, DOMA is constitutional because the legislature was entitled to believe that limiting marriage to opposite-sex couples furthers procreation, essential to survival of the human race, and furthers the well-being of children by encouraging families where children are reared in homes headed by the children's biological parents.
False, and false.
1) There is ABSOLUTELY NO evidence that limiting marriage to opposite-sex couples furthers procreation.
There is ABSOLUTELY NO evidence that allowing gay marriage will in any way harm procreation.
2) ALL the evidence shows that children raised by gays are just as happy and health as children raised by straights.
I also find it amusing that the court wants to enact a policy of encouraging children being raised by "biological parents", yet DIVORCE IS SO DAMN EASY.
We have a 50% divorce rate in this country. Kids are being made the product of split homes each and every day.
And the country's solution to this is to prevent GAYS from getting married?
Come on. Do I really need to point out how stupid this is???


Quote:
Allowing same-sex couples to marry does not, in the legislature's view, further these purposes. Accordingly, there is no violation of the privileges and immunities clause
So that's it?

We just CLAIM that the "legislature" has these great goals, and then do ABSOLUTELY NO ANALYSIS to see if what they "legislated" to achieve those goals actually has any hope of doing anything towards those goals?

What a grand system we live in!
I think we should enact legislation for the purpose of saving the planet, ensuring our children are raised in safe homes, and ensuring that the elderly are secure in their retirement.
What does the legislation ACTUALLY do? It prevents gay marriage!

Evidently, we can claim ABSOLUTELY ANYTHING as our goals, and have the legislation have no semblance of doing anything towards those goals, and that's all just fine!
"(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
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Old 05-03-2007, 08:00 PM   #84 (permalink)
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Quote:
Originally Posted by foundit66 View Post
If one avenue has "consequences", and the other avenue lacks these "consequences", the two ARE NOT EQUAL.
It is stupid to claim otherwise.

If a person robs a liquor store, that "has consequences".
Are we going to pretend that the robber sitting in jail is being treated "equally" to the man who is sitting on his couch at home???
It's stupid!
>>>>>>>>>>

The two "avenues" may not be equal but the consequences of pursing them are.



And marriage would obviously qualify.
It's like saying a law which gives tax breaks to those who worship with a crucifix and not to Jews does not give "positive favoritism" to the Christians.

>>>>>>>>>>>

No it isn't. There is no similarity between taxation policy and the redefinition of marriage to accommodate homosexuals.

If you believe there is then explain it




1) "suspect class" is irrelevant. Equal protection applies REGARDLESS of whether or not a group is a "suspect class".
There is nothing in the 14th amendment specifying it applies only to suspect classes.
2) MARRIAGE is the fundamental right. It is the burden of proof of the state to prove they have a legitimate state interest in the discrimination.
>>>>>>>>>>>>>>>>>>

MARRIAGE - between one man and one woman - is the fundamental right.



To require that the people prove they have a "right to ..." perform the discriminated against act is inane and pointless. How the heck would you "prove" you have a right to do something that you are not allowed to do?
It's a catch-22...

>>>>>>>>>>>>>>>

So how did black Americans prove they have a right to vote ??






False, and false.
1) There is ABSOLUTELY NO evidence that limiting marriage to opposite-sex couples furthers procreation. There is ABSOLUTELY NO evidence that allowing gay marriage will in any way harm procreation.
>>>>>>>>

More word spinning??

There is no evidence that a same sex couple will ever procreate, so why give their partnership the same status as marriage??




2) ALL the evidence shows that children raised by gays are just as happy and health as children raised by straights.
>>>>>>>>>>>>>>>>>>>>>>>

There is no real evidence to support that:
The Legislature could rationally believe that it is better, other things being equal, for children to grow up with both a mother and a father. Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like.

To support their argument, plaintiffs and amici supporting them refer to social science literature reporting studies of same-sex parents and their children. Some opponents of same-sex marriage criticize these studies, but we need not consider the criticism, for the studies on their face do not establish beyond doubt that children fare equally well in same sex and opposite-sex households. - NY Court of Appeals, July 2006



I also find it amusing that the court wants to enact a policy of encouraging children being raised by "biological parents", yet DIVORCE IS SO DAMN EASY.
We have a 50% divorce rate in this country. Kids are being made the product of split homes each and every day.
And the country's solution to this is to prevent GAYS from getting married?
>>>>>>>>>>

How would allowing homosexual marriage help reduce the divorce rate?

Divorce is a different issue. Don't try to change the subject


What a grand system we live in!
I think we should enact legislation for the purpose of saving the planet, ensuring our children are raised in safe homes, and ensuring that the elderly are secure in their retirement.
What does the legislation ACTUALLY do? It prevents gay marriage!

Evidently, we can claim ABSOLUTELY ANYTHING as our goals, and have the legislation have no semblance of doing anything towards those goals, and that's all just fine!

Now you're spouting nonsense again

And your posts are getting longer and more rambling
Old 05-03-2007, 08:17 PM   #85 (permalink)
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Quote:
Originally Posted by garysher View Post
The two "avenues" may not be equal but the consequences of pursing them are.
Can you show ANY portion of Florida law which specifies it works on "behavior"?
If a gay man states he is gay, but abstains from any gay sex, he is STILL prohibited from adopting in Florida.

It has nothing to do with "behavior".


Quote:
Originally Posted by garysher
No it isn't. There is no similarity between taxation policy and the redefinition of marriage to accommodate homosexuals.
And once again, garysher blindly claims there is no similarity, and gives ABSOLUTELY NO EXPLANATION as to why there is no similarity.


Quote:
Originally Posted by garysher
MARRIAGE - between one man and one woman - is the fundamental right.
These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
Loving v Virginia.

MARRIAGE itself is stated as the "fundamental right".
Insisting that it is only "one man and one woman" which is the fundamental right is an attempt to define away the discrimination to avoid justifying it.


Quote:
Originally Posted by garysher
So how did black Americans prove they have a right to vote ??
The REAL standard was applied and not this false chasing the cart with the horse.
The question was asked as to whether or not the DISCRIMINATION WAS JUSTIFIED.
Here, the court is trying to insist that gays prove they have a right that they have always been denied. NO discriminatory practice can survive that idiotic test. It's a catch-22.


Quote:
Originally Posted by garysher
More word spinning??
There is no evidence that a same sex couple will ever procreate, so why give their partnership the same status as marriage??
Not word spinning.
I responded DIRECTLY to what they ACTUALLY said.
They didn't claim "gays cannot procreate => cannot marry". That is YOUR word spinning.

And furthermore, no "couple" with a woman over the age of 60 will ever procreate.
So why grant THAT "partnership" the same status as marriage?
"(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
"Please don't judge others by your own standards."
-- Garysher
Old 05-03-2007, 08:27 PM   #86 (permalink)
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Originally Posted by foundit66 View Post
Can you show ANY portion of Florida law which specifies it works on "behavior"?
If a gay man states he is gay, but abstains from any gay sex, he is STILL prohibited from adopting in Florida.

It has nothing to do with "behavior".
>>>>>>>>>

Yes it does.

If a couple say they were crack addicts but are now sber, could they adopt?







And once again, garysher blindly claims there is no similarity, and gives ABSOLUTELY NO EXPLANATION as to why there is no similarity.
>>>>>>>>>>

When you explain why your bizarre analogies are relevant then we will take the time to dismantle your explanation.

Until the onus is on you




These statutes also deprive the Lovings of liberty without due process of law in violation of the Due Process Clause of the Fourteenth Amendment. The freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men.
Loving v Virginia.

MARRIAGE itself is stated as the "fundamental right".
Insisting that it is only "one man and one woman" which is the fundamental right is an attempt to define away the discrimination to avoid justifying it.
>>>>>>>>>>>>>

Nope.

"While many U.S. Supreme Court decisions recognize marriage as a fundamental right protected under the Due Process Clause, all of these cases understood the marriage right as involving a union of one woman and one man (see e.g. Turner v Safley, 482 US 78 [1987]; Zablocki v Redhail, 434 US 374 [1978]; Griswold v Connecticut, 381 US 479 [1965]; Skinner v Oklahoma, 316 US 535 [1942]).



Not word spinning.
I responded DIRECTLY to what they ACTUALLY said.
They didn't claim "gays cannot procreate => cannot marry". That is YOUR word spinning.

And furthermore, no "couple" with a woman over the age of 60 will ever procreate.
So why grant THAT "partnership" the same status as marriage?
"In arguing that the definition is overinclusive, plaintiffs point out that many opposite-sex couples cannot have or do not want to have children. How can it be rational, they ask, to permit these couples, but not same-sex couples, to marry?

The question is not a difficult one to answer. While same-sex couples and opposite-sex couples are easily distinguished, limiting marriage to opposite-sex couples likely to have children would require grossly intrusive inquiries, and arbitrary and unreliable line-drawing.



A legislature that regarded marriage primarily or solely as an institution for the benefit of children could rationally find that an attempt to exclude childless opposite-sex couples from the institution would be a very bad idea."
NY Court of Appeals July 2006


Old 05-03-2007, 08:31 PM   #87 (permalink)
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Quote:
Originally Posted by tristanrobin View Post
Of course, the reason that there are handicapped parking spaces, is because there are a limited number of convenient parking spaces.


To the best of my knowledge,there is no limit to the number of marriage licenses that can be granted.

It's a stupid analogy.

>>>>>>>>>>>

Nope.

Handicapped parking permits are granted in unlimited numbers to whomever qualifies and without any reference to the number of handicapped parking spaces.

Thereafter it's first-come, first-served.





(Not to mention, Americans have the right to marry - there is no right for handicapped people to get a special parking space.)

Moot point - in effect handicapped people have that right, or privilege, which is not available to the able-bodied.

The right or privilege is conditional on meeting qualifying criteria.

In that sense it is identical to marriage.
Old 05-03-2007, 10:11 PM   #88 (permalink)
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Quote:
Originally Posted by garysher View Post
Yes it does.
If a couple say they were crack addicts but are now sber, could they adopt?
1) Using crack is illegal.
Being gay is not.
2) You just changed the subject. I acknowledge SOME prohibitions on adoption revolve around behavior.
The point is that the law forbidding GAY ADOPTION does not revolve around behavior.
If a gay man was celibate, he still could not adopt.
If a straight man had sex with other males, he still COULD adopt.


Quote:
Originally Posted by garysher
When you explain why your bizarre analogies are relevant then we will take the time to dismantle your explanation.
Even then you won't. You'll just continue to claim that "we" have already done something you never have.
The analogy is that it is STILL DISCRIMINATION to discriminate against a characteristic of the issue, while the "name itself" is not named in the discrimination.
If I state that anybody who worships with a cross is subject to jail and fines, THAT would be discrimination against Christians. It doesn't matter that I haven't explicitly "named" Christian, the point of the discrimination is still obvious.
When you state that gay marriage is precluded, you have shown discrimination AGAINST gay relationships, and the gays who form them, and preference for straight relationships and the straights who form them.


Quote:
"While many U.S. Supreme Court decisions recognize marriage as a fundamental right protected under the Due Process Clause, all of these cases understood the marriage right as involving a union of one woman and one man (see e.g. Turner v Safley, 482 US 78 [1987]; Zablocki v Redhail, 434 US 374 [1978]; Griswold v Connecticut, 381 US 479 [1965]; Skinner v Oklahoma, 316 US 535 [1942]).
Again, this is the cart leading the horse.
We could just as accurately claim that in 1968, it was "understood" that the right of marriage involved a woman and a man of the same race.
In fact, more people "understood" that then today "understand" that marriage is just man/woman.

Claims of "understood" are just a mechanism to implicitly ASSUME the discrimination as justified, without having any courage to show LEGITIMATELY WHY they are justified.


Quote:
"In arguing that the definition is overinclusive, plaintiffs point out that many opposite-sex couples cannot have or do not want to have children. How can it be rational, they ask, to permit these couples, but not same-sex couples, to marry?
The question is not a difficult one to answer. While same-sex couples and opposite-sex couples are easily distinguished, limiting marriage to opposite-sex couples likely to have children would require grossly intrusive inquiries, and arbitrary and unreliable line-drawing.
The standard I have laid out proves this false.
NO woman over 60 can reproduce.
Date of birth IS REQUIRED for marriage licenses.

Ergo, I ask again WHY are women over 60 able to reproduce?

Furthermore, if it is reasonable to prevent people who cannot procreate from marrying, why do we allow people who have PURPOSELY STERILIZED themselves to marry?
Isn't that fraud???

Why do we allow people who have NEVER procreated to pretend they are married?
Isn't that obvious fraud?


Quote:
A legislature that regarded marriage primarily or solely as an institution for the benefit of children could rationally find that an attempt to exclude childless opposite-sex couples from the institution would be a very bad idea."
NY Court of Appeals July 2006
"regard marriage primarily or solely as an institution for the benefit of children"...

OMG! HERE we are AGAIN!
It was pointed out the other day that people who are worried about the "sanctity" of marriage often say the damndest things that DESTROY THE FUNDAMENTAL IDEAS of what marriage is about.

You'll note, no mention of "love" is made here...
How "sanctified"...


Furthermore, claims that marriage is about "children" are inherently disingenuous and false.
Legal Marriage is in NO WAY enhanced if a child is present. No additional benefits to married people with children via the marriage license.
Also, there are no penalties to married people WITHOUT children.

All the OVER 1,000 rights and privileges that have been set up for straight couples are COMPLETELY DEVOID of any benefit or penalty regarding children.

To claim that marriage is about "children" is just as false as to claim "voting" requires reading.
"(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
"Please don't judge others by your own standards."
-- Garysher
Old 05-03-2007, 10:13 PM   #89 (permalink)
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Quote:
Originally Posted by garysher View Post
Moot point - in effect handicapped people have that right, or privilege, which is not available to the able-bodied.
The right or privilege is conditional on meeting qualifying criteria.
In that sense it is identical to marriage.
Except handicapped parking HAS a legitimate state interest.
Excluding gays from marriage does not.
"(Gay marriage) is a debate about whether you think gay people are part of the human condition or just a random fetish."
-- Jon Stewart
"Please don't judge others by your own standards."
-- Garysher
Old 05-04-2007, 10:32 AM   #90 (permalink)
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Quote:
Homosexuals have the option of marriage available to them. In the US marriage is the union of one man and one woman (apart from a temporary respite in MA)
You're speaking in technicalities. The truth is, while homosexuals do have the option of marriage available to them, a restriction exists which stops gay people from using marriage in any fashion that they'd ever want to use it.

Furthermore, this restriction is designed for the sole purpose of preventing homosexuals from marrying.

It's like if I said, "Everyone is free to engage in religious worship, so long as that worship doesn't involve Christianity. You're still free to be Christian, and you can still worship if you're Christian, you just have to worship a non-Christian God." For all intents and purposes, I've denied Christians the freedom to worship. Sure, Christians can worship Buddah, but realistically, they'd never want to do that. This restriction treats Christians unfairly, and I'm only able to say "everyone has the freedom to worship" because of a technicality.

In the same fashion, while everyone is free to engage in marriage, our marriage laws include a restriction which effectively stops homosexuals from using it. This restriction is unfair, it effectively denies marriage to gay people, and it makes gay people inferior.

You and I both know this to be true, and no amount of word games is going to excuse treating gay people as inferior.

Quote:
Not true.

That is like saying the DMV has a restriction which exists for the sole purpose of denying driving licences to the blind.

How blatantly disingenuous of you!!
The DMV DOES have a restriction which exists for the sole purpose of denying driving licences to the blind. And because of that, blind people are treated as inferior to people with sight.

However, I can JUSTIFY that inferiority: A blind person is obviously a danger to everyone if he is allowed to drive a car, because a blind person would not be able to see where he is going.

You see, it is okay to treat people as inferior, but ONLY if there is a really good reason for it. There is no good reason to treat gay people as inferior.

Quote:
Wrong again. Homosexuals are not denied those benefits, but they have to qualify to receive them.

Just as you and I are not denied the benefit of a handicapped parking permit.

Again, you are being intellectually dishonest in your line of argument
You and I are absolutely denied the benefit of a handicapped parking permit. How can you say otherwise? Handicapped parking is a benefit, and you and I are denied it. There is no debating this.

Handicapped people are treated as superior. But again, I can JUSTIFY treating them as superior. Handicapped people have special disadvantages that make it difficult for them to travel longer distances, and in order to accomodate for these disadvantages, we give them closer parking spaces.

Again, the inferiority of non-handicapped people is ONLY OKAY BECAUSE THERE IS A REALLY GOOD REASON FOR IT.

Quote:
So far you have not presented ANY evidence to support your illogical assertion.

I hope I have cleared things up for you.
You have not cleared things up. The argument that "gay people have equal access to marriage" is nothing but a word game. We both know who is affected by the restiction on same-sex marriage.

Further, your examples of blind people and handicapped people are indeed examples of one group being treated as inferior. But there is a justification for this inferiority.

So I ask again, how do you justify treating gay people as inferior?
-Jaxian
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