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#51 | |||||||||
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Core Member [284%]
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On what basis?
And the legal is also optional.
Why would the government extend benefits for this? |
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#52 | |||
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Suspended
MBTI: iNtj
Join Date: Jul 2009
Posts: 9,345
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Why, whatever basis the government used. Faggot religion, say--
Do you have any honest answer? |
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#53 | ||||||
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Member [30%]
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The government presumably wanted an accurate and efficient method for handling the proper allocation of basic resources (taxes, welfare) and dealing with common issues such as hospitalization and ownership of property. Marriage is useful for that, it's a simple legal contract like a business partnership.
The government's job is to manage society in a practical manner, not to enforce religious idealism upon it. Say you have a gay couple that lives together and one makes a salary of $500K/year, while his partner doesn't work. Should the partner be able to claim a $0 income and draw welfare? That would be unfair and unethical. They operate as a single economic unit, a "household", and the government should recognize that. |
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#54 | ||||||||||||||||||
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Core Member [284%]
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You sure about that? Or is that just your own conjecture? Do you have a source for this claim?
It is? Why?
Again, on what basis? Have you even done any research unto why the government considers marriage to be important?
Would depend on the reason.
Nothing like being offensive in defense.
Are you capable of rational thought? |
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#55 | |||
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Suspended
MBTI: iNtj
Join Date: Jul 2009
Posts: 9,345
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Say that the reasons were enough to get such a thing passed into state constitutional law--
Still no response, eh? |
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#56 | ||||||
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Member [30%]
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Yes, I'm sure it is a legal contract that addresses legal and financial issues. It's more than just a religious ceremony and a piece of paper. We have "separation of Church and state" for a reason.
It's considered to be a basic civil right. And it's useful legally, so we may as well apply it equally. |
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#57 | |||||||||
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Core Member [284%]
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Again, it would depend on the reasons.
Again, what's the legal/evidential basis for your claim? Just because it isn't religious doesn't mean it was created to make a legal contract. Perhaps marriage licenses were created to encourage/support behavior that only men and women can engage in together.
Well, this is a problem. Marriage existed before the government started writing licenses, so there cannot be a right to the license. |
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#58 | |||
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Suspended
MBTI: iNtj
Join Date: Jul 2009
Posts: 9,345
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If N. Carolina redefined the driving laws in such a way that only heterosexuals could drive, and for reasons N. Carolinians saw as legit [faggoty religion rearing its ugly head, say], would that be OK?--
Are you not understanding the question? |
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#59 | ||||||||||||
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If it wasn't created to make a legal contract, then why is it a legal contract?
Maybe.
Take it up with the Supreme Court I guess. Loving v. Virginia, Chief Justice Warren delivering the opinion of the court:
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#60 | |||||||||
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Core Member [284%]
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Perhaps this is how the state decided to implement licenses to accomplish its purpose.
Actually, definitely.
You need to actually study Loving v. Virginia, then. |
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#61 | ||||||||||||
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The government has never stated that the sole valid purpose of marriage is to make babies if that's what you're getting at. Even if it was, gays can make babies through various creative methods and raise it as a couple these days. Considering that our President supports gay marriage now, "the government" seems to be undecided on the purpose of marriage.
I agree that procreation is essential for the continuance of the human race. That really doesn't address the issue of marriage with depth though. That was 1942. A few years after that, they also ruled that blacks and whites had to ride in separate train cars. I like to think we've progressed somewhat.
You're reaching with that one, it just said you can't sterilize criminals because we have the fundamental right to procreate.
They could decide that people no longer need a permit to marry one another. I don't think they could forbid marriage without subsequent legal challenges (like what's happening now). |
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#62 | |||||||||||||||||||||
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Core Member [284%]
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One of them can. They can't together.
What the president believes is irrelevant.
But it does for the question of why the government licenses it. The rest is social, not legal.
Which has nothing to do with the present issue.
And the court specifically tied marriage to procreation unbidden. That makes it of particular importance, especially as it is used in Loving v. Virginia.
No permit is required to marry.
It's a state issue. And many states have made it clear. |
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#63 | |||||||||||||||||||||
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Member [30%]
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Fertility or intent to reproduce isn't a current requirement of marriage. Families created through non-traditional methods are still considered families.
My point was that the government is divided on the issue because it hasn't been addressed properly in historical documents.
If the quote is "marriage and procreation were essential for the continuance of the [human] race" that sentence doesn't specifically address licenses or why exactly the government regulates marriage.
With regards to civil rights issues and trying to make predictions on future cases, the timeline is relevant. The laws change over time and adapt to fit the society.
It mentions it in the same sentence but otherwise it really doesn't go into any depth on the issue.
You currently need a permit to get a legal marriage.
Yeah, the Supreme Court might avoid taking the issue and leave it up to the states. I think they'll take it sooner rather than later but that's just a guess. |
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#64 | |||
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Core Member [144%]
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You're the one who needs the refresher on Loving - or more specifically, a less selective interpretation of the clear case law. |
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#65 | |||||||||||||||||||||
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Core Member [284%]
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Which is fine. Fertility is pervasive enough that the man-woman standard is sufficient. The raising of children falls under a different set of rules.
In one sense, it was inherited from when the Church was the state, and in that sense, it was specifically for procreation. And Supreme court cases confirm that this is still the case.
Sure it does. It lays the foundation for why the state considers marriage important, namely its ties to procreation.
OK, but then a new case has to be made for issuing licenses. That case hasn't yet been made.
Loving v. Virginia helps us to make that connection, as Skinner is foundation for Loving.
But you can get married without a license, and that's perfectly legal. The only thing the license does for you is give you access to the benefits.
Maybe. But gays need to actually establish a case first. |
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#66 | ||||||
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Core Member [144%]
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Skinner does no such thing (see above); it doesn't do anything more than mention them in the same sentence. And there is exactly zero case law to support your assertions. The most relevant precedent is Loving v. Virginia, which explicitly establishes marriage as a civil right, without qualification, in direct contradiction to your wholly invented argument. You can't cite a single fucking example in the whole of U.S. legal history that makes procreation a requirement for marriage. Big surprise - because it never has been.
Oh, that's all it does? And newsflash - teh gays don't need to do shit for you. Any more than anyone else who wants to get married does. The day heterosexual couples are required to provide certification showing their intent and ability to "naturally" procreate for a marriage license, your argument will be marginally less ludicrous. Until then, it will remain as absurd and embarassing excuse for an "argument" as it always has been. |
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#67 | ||||||
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Member [30%]
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They have a case. Proposition 8 in California, which banned same-sex marriage, was overruled as a violation of the Fourteenth Amendment. According to the dissenting judge (quoted from
The notion that civil marriage is only for baby-making isn't agreed upon by everyone in society and there's no evidence that a straight couple is superior to a gay couple. The government lacks a solid non-religious reason for giving preferential treatment to certain citizens on the basis of fertility or sexual orientation.
Last edited by Rationality; 05-14-2012 at 01:44 PM.
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#68 |
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Core Member [407%]
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Well,
Fuck North Carolina. |
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#69 |
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New Member [01%]
MBTI: INTJ
Join Date: May 2012
Posts: 12
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Question One: Do you support the definition of marriage as defined by this bill? Why or why not?
Yes, marriage is a political and religious union between man and woman in order to procreate and start families which all societies are based on, nuclear families. Question Two: Do you believe that LGBT couples should have the same benefits (I.E. tax breaks, end of life decision making for spouses, job insurance coverage for S/O, etc...) as a heterosexual couple? Why? They should not have the same rights because they dont benefit society as much as the nuclear family Question Three: If you do not believe that they should be allowed to be "married" to be able to have the privileges listed in question 2, then what measure would you support to grant LGBT couples said benefits? they can have civil unions |
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#70 | |||
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Core Member [162%]
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How do you define 'benefit' in context of your statement ? |
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#71 | |||
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Veteran Member [81%]
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Yes. Why not? Legal benefits need not be tied to the traditional definition of marriage. I see no reason for gay people to demand a heterosexual model for ourselves in all respects, but legal recognition of homosexual relationships would ease tensions, and contribute to a more orderly society and firmer foundation for civilisation. |
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#72 | |||||||||
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Veteran Member [52%]
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Citation needed for the claim nuclear families are the basis for all societies are build on. Good luck with that, because that's a modern myth.
Citation needed. We raise children, have family, loved ones, have legal needs, and are still contributing American citizens. What makes your family better then mine?
Civil unions are not equal, they are inferior, and marriage is a right afforded to all citizens. You don't get to say no because you don't like the race, sex, fertility, or religion of our partner so get your big government fascism out of our lives and out of our bedroom. You, third party stranger, are not important enough for us to consult when selecting a significant other too start a family with. |
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#73 |
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Veteran Member [81%]
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I am caring for my mother in her old age, my nephews are very dear to me and I will do anything I can for them, and I am always there for my sister. She says I would be a good daddy, and takes my advice on raising children seriously.
"They can have civil unions" has a tone suggesting inferiority, but I think that is a social more than legal issue. They, the others, are here among us! I have no feelings of inferiority about myself, but many gay people suffer from internalised homophobia. |
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#74 | ||||||
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Core Member [284%]
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By the 9th circus... (Yes, that's what it is called.)
As far as I know, no gay couple have procreated together. So, the heterosexual couple absolutely is superior to the gay couple. |
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#75 | |||||||||||||||||||||
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Veteran Member [81%]
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Lawmaking, which evolves year-by-year, is implementation of consensus. If by "legal system" you mean the judicial branch of government, the function of the judicial branch is to enforce law. Implementation of consensus is an element of the legislative process because in the US we have the right, not the privilege, to petition the government for redress of grievances.
Politics has nothing to do with "paradigms". People who want their religious beliefs enacted into law must do so using political strategy.
Yes. Put simply, when considering rights conferred by the US Constitution, majority rule falls outside of the legal system. Laws enacted by consensus may be struck down if they are found to be in violation of constitutional principles. The principle that states are bound by constitutional law has been challenged many times in the past, most notably following the abolishment of slavery.
Licensure is a privilege, not a right. The issue of licenses is governed by state and federal law; here again, consensus is the first step in defining what privileges will be granted to the citizenry, and any laws enacted may be challenged.
No research can be done on the question as proposed. The "government" is not an entity which can express opinions about specific social issues.
Again, it is impossible for the "state" to consider social issues in the manner of an individual. The incidence of homosexuality in the population has been estimated at anywhere from three to ten-percent. Assuming ten-percent is accurate, there would still not be enough homosexuals to have a negative effect on the viability of the survival of the human specie.
(Called by whom?) I appreciate the profound insight that two persons of the same gender cannot procreate. Ultimately, however, an opinion that one group of people is superior to another carries no weight in public debate. I seriously doubt that any draft of a bill proposed for enactment into law anywhere in the US would explicitly argue superiority as a reason that it be enacted. |
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