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Federal gay marriage ban is ruled unconstitutional

POSTED BY: GEEZER
UPDATED: Monday, July 19, 2010 11:02
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Tuesday, July 13, 2010 11:20 AM

KIRKULES


Quote:

Originally posted by kpo:
Quote:

Originally posted by Kirkules:
If two homosexuals can get "Married" then we might as well throw out the whole concept of government endorsed Marriage because it becomes meaningless. If any two males or females can get "Married", wouldn't it be discrimination to prevent heterosexuals from entering into "Marriage" just to get insurance and tax benefits. Just because a pair of married male heteros chooses to not have sex together, but instead continue to bang hot chicks on the side are they some how less worthy than a Homo couple.



What's to stop heterosexuals doing this currently? A heterosexual male and heterosexual female can get married purely for insurance and tax benefits. Whether or not we throw out government endorsed marriage has nothing to do with whether homosexuals are allowed to enter into it, it seems to me.



I think we are in agreement here. What you say is obviously true, I was just trying to support Anthony's idea that it's time to get the government out of the marriage business. Even though homos think they are being discriminated against now, as long as the government is involved someone is going to get left out. Single folk have been getting screwed right along with the Gays. Government marriage benefits have always been about encouraging people to breed and make new workers to grow the economy. If you throw non-breeders into the mix it really doesn't make sense any more. With 8-14 million Americans unemployed there's no need to subsidize breeding at this time. If marriage becomes a private contract between who ever chooses to enter into it, they'll be free to call it anything they please.

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Tuesday, July 13, 2010 11:56 AM

BYTEMITE


Kirkules: sounds like it. :) I'm good with that.

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Saturday, July 17, 2010 1:56 AM

CITIZEN


Quote:

Originally posted by AnthonyT:
Hello Citizen,

You seem to think I have some kind of burden of proof.


YOU and I both KNOW what claims you're making, and I'm kind of curious why it is that those claims are the only ones that don't appear in your list?
Quote:

Originally posted by AnthonyT:
What, exactly, are you contending is false?


Well, there's this:
Quote:

the financial problems of a marriage are completely handled by financial laws that exist outside the purview of marriage.

One that doesn't appear in your list at all, interestingly. The burden of proof is on your shoulders, you claim that business regulations are good enough for marriage, I reject that and say marriage laws exist, and should exist, because marriage is not a business relationship; that trying to apply business rules to a marriage would be hammering a square peg into a very round hole. You keep stating that business rules are perfect for marriage, but you've not yet even begun to try and explain, let alone support that position.

Lets go a bit further. You're also claiming (albeit tacitly) that Marriage laws must reward marriage, that you can't have legally recognised marriage without social engineering. Frankly that's nonsense, and I've already touched on that, a point you've wholesale ignored. Lets move that logic to another circumstance: I suppose you can't have legally recognised business relationships, without forcing people to start businesses, and punishing those that don't, right?

ETA:
Or should we apply different logic to business relationships over marital ones? If that's the case though, I can't see how you could possibly claim that a business framework is suitable for marriage. Since if we have to apply different logic to their differing circumstances, I can't see any basis for a claim that we should apply the same legal framework to their differing circumstances.

I also reject that the government has no place whatsoever in regulating romantic commitments, especially since you have already admitted it does have a role to play there, even if you do conveniently forget that a second later.

What I'm contending is false is your idea that a legal marriage framework isn't necessary, and that things designed for completely different purposes can be applied to marriage's unique circumstances. The burden of proof is very much on your shoulders on that claim.

--------------------------------------------------

If you play a Microsoft CD backwards you can hear demonic voices. The scary part is that if you play it forwards it installs Windows.

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Saturday, July 17, 2010 4:54 AM

ANTHONYT

Freedom is Important because People are Important


Hello,

"You keep stating that business rules are perfect for marriage, but you've not yet even begun to try and explain, let alone support that position. "

Is there some function to marriage laws other than deciding the disposition of resources and assets?

"You're also claiming (albeit tacitly) that Marriage laws must reward marriage"

I'm claiming that's what they do. And I'm right. They do that.

"I also reject that the government has no place whatsoever in regulating romantic commitments, especially since you have already admitted it does have a role to play there"

You have oddly shoehorned rape into 'romantic commitments' in order to make this point. I can't say I agree with that particular lumping.

"I suppose you can't have legally recognised business relationships, without forcing people to start businesses, and punishing those that don't, right?"

An interesting point of view. Although, since any individual or group of individuals of any size or composition can start a business or reach an agreement about property and assets, one might say it's much more dynamic, inclusive, and non discriminatory.

"What I'm contending is false is your idea that a legal marriage framework isn't necessary, and that things designed for completely different purposes can be applied to marriage's unique circumstances."

What circumstances are unique about marriage, again? I missed it.

--Anthony


Due to the use of Naomi 3.3.2 Beta web filtering, the following people may need to private-message me if they wish to contact me: Auraptor, Kaneman, Piratenews. I apologize for the inconvenience.

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Saturday, July 17, 2010 6:00 AM

KANEMAN


Quote:

Originally posted by citizen:
Quote:

Originally posted by AnthonyT:
Hello Citizen,

You seem to think I have some kind of burden of proof.


YOU and I both KNOW what claims you're making, and I'm kind of curious why it is that those claims are the only ones that don't appear in your list?
Quote:

Originally posted by AnthonyT:
What, exactly, are you contending is false?


Well, there's this:
Quote:

the financial problems of a marriage are completely handled by financial laws that exist outside the purview of marriage.

One that doesn't appear in your list at all, interestingly. The burden of proof is on your shoulders, you claim that business regulations are good enough for marriage, I reject that and say marriage laws exist, and should exist, because marriage is not a business relationship; that trying to apply business rules to a marriage would be hammering a square peg into a very round hole. You keep stating that business rules are perfect for marriage, but you've not yet even begun to try and explain, let alone support that position.

Lets go a bit further. You're also claiming (albeit tacitly) that Marriage laws must reward marriage, that you can't have legally recognised marriage without social engineering. Frankly that's nonsense, and I've already touched on that, a point you've wholesale ignored. Lets move that logic to another circumstance: I suppose you can't have legally recognised business relationships, without forcing people to start businesses, and punishing those that don't, right?

ETA:
Or should we apply different logic to business relationships over marital ones? If that's the case though, I can't see how you could possibly claim that a business framework is suitable for marriage. Since if we have to apply different logic to their differing circumstances, I can't see any basis for a claim that we should apply the same legal framework to their differing circumstances.

I also reject that the government has no place whatsoever in regulating romantic commitments, especially since you have already admitted it does have a role to play there, even if you do conveniently forget that a second later.

What I'm contending is false is your idea that a legal marriage framework isn't necessary, and that things designed for completely different purposes can be applied to marriage's unique circumstances. The burden of proof is very much on your shoulders on that claim.

--------------------------------------------------

If you play a Microsoft CD backwards you can hear demonic voices. The scary part is that if you play it forwards it installs Windows.




PSST....Hey Citizen, you are British. Why debate American law? Your views are irrelevant. Why Anthony would even respond to you is a mystery. Stay across the pond....and fix your big teeth.

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Saturday, July 17, 2010 9:41 AM

NIKI2

Gettin' old, but still a hippie at heart...


Thank you, Byte. I was going to point that out, as well as the fact that one can become a permanent resident or have dual citizenship. Staying here does not require citizenship.

I don’t believe marriage laws, financially, restrict or reward. There are perfectly good reasons for the differences; for example in taxes, married people generally buy homes, have children, etc., so I have nothing wrong with them getting tax credits. Just one example...and often it is better tax-wise to file as “single” anyway, depending on your situation. And tax and other financial breaks married couples get are not exclusive so they will “breed”, I find that ridiculous.

KPO, you’re right. As I said above, both Paula and I married our partners because of insurance reasons (in my case) and State Park rules (in hers). Otherwise we wouldn’t have bothered. So there is no argument on that one.

I agree that
Quote:

trying to apply business rules to a marriage would be hammering a square peg into a very round hole
and I, too, would like to understand how business rules could be seen as equaling ALL the financial and property aspects of marriage. There are many functions of marriage laws other than assets and property. Aside from which, one would have to go through a lot of different individual agreements that apply to business In order to cover all the marriage laws, whereas marriage covers almost everything in one fell swoop. It simplifies, if nothing else.

Marriage laws don’t just “reward” marriage, they also punish it in some ways. Such as financial liability, for just one example. I don’t see it as “reward” and “punishment”, I see it as society trying to find ways to codify relationships and achieve unity of families legally. What about a child born out of marriage, for example? What is their situation, barring the legal acceptance of a marriage between two people?

I certainly don’t see where that sentence shoehorns “rape” into “romantic commitments”. Commitments doesn’t mean agreeing to sex whenever one partner wants it despite the other’s choice, it means much more than that and under law, in America, rape is illegal whether married or not.

You’re also failing to recognize that just about any business agreement can be challenged much more easily than a marriage; yes, both can be challenged and of course pre-nups come into it, but realistically speaking, it’s more complicated to challenge a marriage than a business, in my opinion.

You’re also not taking into account that business laws in states differ, while there is far less difference in marriage laws, which complicates things further.

Of course marriage is different from business. To view it the same is a fallacy. People choose to marry for far more reasons than JUST business reasons...if you take finances out of it entirely, many would still marry for the commitment to one another. You are trying to compare feelings to laws and saying feelings don’t matter, and they do. As far as someone having suggested if people want a ceremony they should have some kind of ceremony, I say why shouldn’t they have the right to have the same ceremony as anyone else AND have the same rights under law? It offends some; so does interracial marriage, so does common-law marriage, so does cohabitation; is there a valid reason for denying any one segment of the population the same rights as any other?

I'm sure I've failed to make my case in some ways; I'm sleepy today and brain isn't functioning well. Nonetheless, I firmly believe marriage differs from a business agreement in many ways, far from only financial, and if I were awake I would be able to debate it better.

Citizen, remember: It doesn't really exist.


Hippie Operative Nikovich Nikita Nicovna Talibani,
signing off


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Saturday, July 17, 2010 10:53 AM

ANTHONYT

Freedom is Important because People are Important


Hello,

"for example in taxes, married people generally buy homes, have children, etc., so I have nothing wrong with them getting tax credits."

I don't understand what rewarding people for buying homes or having children has to do with being married. These situations are independent of marriage.

"I, too, would like to understand how business rules could be seen as equaling ALL the financial and property aspects of marriage."

To my knowledge, there is nothing unique or special about marriage law in relation to the disposition of property or assets- with the singular caveat that the government limits who can be married, while they do NOT limit who can go into business together, share assets, etc.

"I see it as society trying to find ways to codify relationships and achieve unity of families legally."

Why is the government meddling in concepts like unity of families? Why should government have any place in encouraging my family to take particular shapes?

"I certainly don’t see where that sentence shoehorns “rape” into “romantic commitments”."

Citizen used rape as an argument about how the government is needed to regulate romantic commitments. Scroll up.

"You’re also failing to recognize that just about any business agreement can be challenged much more easily than a marriage; yes, both can be challenged and of course pre-nups come into it, but realistically speaking, it’s more complicated to challenge a marriage than a business, in my opinion."

I'm not sure how this is true. Both are contracts, notarized, and have witnesses. The process for disputing them are identical: You signed under duress, under false pretenses, or that signatures were forged, etc.

"You’re also not taking into account that business laws in states differ, while there is far less difference in marriage laws, which complicates things further."

This whole thread is about very large differences in marriage laws between states. So... I don't see how you can say this.

"Of course marriage is different from business. To view it the same is a fallacy. People choose to marry for far more reasons than JUST business reasons...if you take finances out of it entirely, many would still marry for the commitment to one another. You are trying to compare feelings to laws and saying feelings don’t matter, and they do."

You entirely misunderstand. I think that feelings are of monumental significance. And I don't want the government anywhere near my feelings. I want the right to marry on whatever terms I decide, and if I decide to share property, split assets and investments, or adopt children... that should be MY decision, and I should be able to choose those commitments independently and selectively for myself. I can build the relationship I want, custom ordered to my own preferences.


"I say why shouldn’t they have the right to have the same ceremony as anyone else AND have the same rights under law?"

I agree with you wholeheartedly. If the government would just get out of the marriage business, we could abandon the whole flawed concept with its restrictive conservative value set and structure based (in my opinion) on religious practices.

"I firmly believe marriage differs from a business agreement in many ways"

It does. And since all the intangible elements of marriage ought to be untouchable by government, we should restrict their involvement to the tangible. Government needs to stay far away from marriage.

"Citizen, remember: It doesn't really exist. "

Niki, were you calling me a troll?

--Anthony














Due to the use of Naomi 3.3.2 Beta web filtering, the following people may need to private-message me if they wish to contact me: Auraptor, Kaneman, Piratenews. I apologize for the inconvenience.

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Saturday, July 17, 2010 2:04 PM

NIKI2

Gettin' old, but still a hippie at heart...


First and foremost: Troll? HELL NO...the one after you, of course.

As to the issue at hand, I'm so rummy at this point I can't think straight. I think we're pretty much in agreement, overall, so I'll let it go at that.


Hippie Operative Nikovich Nikita Nicovna Talibani,
signing off


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Saturday, July 17, 2010 2:38 PM

BYTEMITE


EDIT: ah, okay, you cleared up the troll thing. I'm still not sure who you were saying that about, but in that case if you think we're in a resolvable position, there's no reason to keep beating the bush.

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Saturday, July 17, 2010 4:43 PM

ANTHONYT

Freedom is Important because People are Important


Quote:

Originally posted by Niki2:
First and foremost: Troll? HELL NO...the one after you, of course.

As to the issue at hand, I'm so rummy at this point I can't think straight. I think we're pretty much in agreement, overall, so I'll let it go at that.


Hippie Operative Nikovich Nikita Nicovna Talibani,
signing off










Hello,

I think so, too. Different approaches to the same problem, with the same sentiment behind it.

Enjoy the Rum. :-) Wish I could join you.

--Anthony



Due to the use of Naomi 3.3.2 Beta web filtering, the following people may need to private-message me if they wish to contact me: Auraptor, Kaneman, Piratenews. I apologize for the inconvenience.

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Saturday, July 17, 2010 6:41 PM

ANTIMASON


i believe two consenting adults have the right to enter into any mutual contract, as long as they are willing- whether it be prostitution, a 'drug' deal, or whatever. they just cannot impose that contract on me in any way(as they do through indoctrination in the government schools). it should be as it was before the government began issuing marriage licenses, when marriage was mostly a spiritual, religious, or practical function of society. a marriage is a contract between you and your spouse(and God). so this issue over gay 'marriage' is only controversial for the simple fact that the government is involved in marriage, when it shouldnt be- and just as it is in every other aspect of our lives!

so once again, get the government out of peoples homes, habits, and lives, and these issues would not be a problem. if you truly want to live in a free society, you have to let people express their liberties, and risk and accept the consequences. you cannot protect people from themselves, nor should you

you just cannot infringe on another persons life, liberty, pursuit of happiness, or property.

so in my opinion,(in response to Niki) that goes for the lives of the unborn, whos lives, their lifeforces, or 'being', are seperate from the circumstances of the pregnancy; just as peoples actions are not seperate from the consequences. a neccessary part of human growth, wisdom and maturity is responsibility. why is this even a debate? the taking of innocent life should never be rationalized, under any circumstances. it shouldnt be a question of debate when a person is entitled to life, actual legal representation- it should be inherent, inalienable. if certain lives are expendable, for whatever justified greater good, consider what an evil precedent has been created








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Saturday, July 17, 2010 8:01 PM

SHINYGOODGUY


It is the law of the land, The Constitution, not the elected officials, that garauntees the people its freedoms.

I don't recall seeing any language in the Constitution stating "all citizens of the USA have a right to marry, except whenever the moral minority or the ruling religious authority deems it unfit and improper."

Where are the folks who cried about Obama taking away the 2nd amendment rights? (which is not possible), why aren't their voices heard loud and clear regarding this issue?

Imagine, for a moment, that the government decides to eliminate the 1st Amendment (which includes Freedom of Religion); there would be such a ruckus raised, and rightfully so, calling for heads to roll.

"Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any religion."

Those who enjoy the freedom, provided by the Constitution, to worship without imposition by the Federal Government, should not try to deny 2 consenting adults from marrying - because it is a basic freedom. Just think if that ever goes into effect, what's to stop the non-religious peoples of this country from petitioning for a change in the 1st Amendment.

If one goes, what's next?


SGG

Tawabawho?

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Monday, July 19, 2010 10:43 AM

CITIZEN


Quote:

Originally posted by AnthonyT:
Hello,

"You keep stating that business rules are perfect for marriage, but you've not yet even begun to try and explain, let alone support that position. "

Is there some function to marriage laws other than deciding the disposition of resources and assets?

"You're also claiming (albeit tacitly) that Marriage laws must reward marriage"

I'm claiming that's what they do. And I'm right. They do that.

"I also reject that the government has no place whatsoever in regulating romantic commitments, especially since you have already admitted it does have a role to play there"

You have oddly shoehorned rape into 'romantic commitments' in order to make this point. I can't say I agree with that particular lumping.

"I suppose you can't have legally recognised business relationships, without forcing people to start businesses, and punishing those that don't, right?"

An interesting point of view. Although, since any individual or group of individuals of any size or composition can start a business or reach an agreement about property and assets, one might say it's much more dynamic, inclusive, and non discriminatory.

"What I'm contending is false is your idea that a legal marriage framework isn't necessary, and that things designed for completely different purposes can be applied to marriage's unique circumstances."

What circumstances are unique about marriage, again? I missed it.

--Anthony


Due to the use of Naomi 3.3.2 Beta web filtering, the following people may need to private-message me if they wish to contact me: Auraptor, Kaneman, Piratenews. I apologize for the inconvenience.


That's a very long winded way of saying you can't back up word one of your claims, but it's saying that nonetheless.

Thanks.

--------------------------------------------------

If you play a Microsoft CD backwards you can hear demonic voices. The scary part is that if you play it forwards it installs Windows.

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Monday, July 19, 2010 10:57 AM

ANTHONYT

Freedom is Important because People are Important



Hello Citizen,

You're right, and I'm wrong.

--Anthony

Due to the use of Naomi 3.3.2 Beta web filtering, the following people may need to private-message me if they wish to contact me: Auraptor, Kaneman, Piratenews. I apologize for the inconvenience.

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Monday, July 19, 2010 11:02 AM

WULFENSTAR

http://youtu.be/VUnGTXRxGHg


The Constitution recognizes, as man-made LAW, the NATURAL rights of citizens which... can not be given or taken away.

Do you REALLY think that the natural law of defense, procreation, property and the rest are inherrant on pieces of paper? Really?

No.

They are written down and recognized, but NOT dependant on so-called "laws".




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