Author Topic: is it unconstitutional to ban gay marriage?  (Read 63246 times)

wmenorr67

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Re: is it unconstitutional to ban gay marriage?
« Reply #125 on: May 15, 2008, 08:26:50 PM »
Well according to the CA Supreme Court it is.

http://www.breitbart.com/article.php?id=080516013347.668wf0ld&show_article=1

Quote
California's Supreme Court quashed a ban on gay marriage in a historic ruling here Thursday, effectively leaving same-sex couples in America's most populous state free to tie the knot.
In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory.

"Limiting the designation of marriage to a union 'between a man and a woman' is unconstitutional and must be stricken from the statute," California Chief Justice Ron George said in the written opinion.

The ruling added that all California couples had a "basic civil right" to marry "without regard to their sexual orientation."

Before Thursday only one US state -- Massachusetts -- allowed gay marriage, although California, New Jersey and Vermont have legislation which grants same-sex partners many of the same legal rights as married couples.

Plaintiffs and gay rights activists erupted with joy after the victory.

"It's the best day of my life, quite honestly I'm thrilled for all of us," Diane Olson said.

In San Francisco, couples immediately began lining up at the city clerk's office for marriage licenses, even though officials said they will not be able to issue any for at least 30 days, when the decision takes effect.


Thursday's ruling came after a long-running legal battle that erupted in 2000 when California voters approved a law declaring that only marriages between men and women could be legally recognized.

In February 2004, the city of San Francisco defied state law by issuing marriage licenses to same-sex couples, arguing that existing laws were illegal because they violated equal rights legislation.

A court later halted the issuance of licenses and declared that same-sex marriages that took place during this period were void.

However, San Francisco and civil rights activists waged a legal case arguing that limiting marriage to opposite-sex couples was unconstitutional and that the law should be struck down.

In 2005 the San Francisco Superior Court ruled in favor of the plaintiffs, finding that there was no justification for refusing to allow marriages.

But the decision was overturned in 2006 by the California Court of Appeal, which ruled in a 2-1 decision that the state's desire to "carry out the expressed wishes of a majority" was sufficient to preserve the existing law.

California lawmakers have also voted in favor of gay marriage but the bill was vetoed by Governor Arnold Schwarzenegger, who has said that the matter is for the state's court system to decide on.


Legal analysts say Thursday's court ruling could have wide-ranging implications for other US states, noting the California Supreme Court's history of landmark rulings.

"The California Supreme Court's example is often emulated and it often is sort of a groundbreaker," said David Cruz, a law professor at the University of Southern California and an expert in constitutional law.

"In the 20th century California was the first state to strike down laws against inter-racial marriage. They did that 19 years before the US Supreme Court got around to it."

But Randy Thomasson, president of the Campaign for Children and Families, reacted with dismay, insisting "marriage is naturally for a man and a woman."

"If the institution of marriage is redefined and therefore destroyed in the law, the wellbeing of children is threatened, both emotionally, socially, even physically," Thomasson added.

A coalition of religious and social conservative groups have vowed to attempt to add a vote calling for a ban on same-sex marriage when California goes to the polls in November's election.

State election officials will rule next month on whether sponsors of the vote have gathered enough signatures to force the issue onto the ballot.

"We have 1.1 million signatures," according to the Reverend Lou Sheldon, chairman of the Washington-based Traditional Values Coalition, describing the California ruling as "completely out of line."

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41magsnub

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Re: is it unconstitutional to ban gay marriage?
« Reply #126 on: May 16, 2008, 04:03:16 AM »
ahhhh so,   if its not in lockstep with you its dubious?

Not at all, but I do reject the "OMG, don't let them do it because I'll have to pay for all their AIDS treatments!!!!111!!" argument.

roo_ster

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Re: is it unconstitutional to ban gay marriage?
« Reply #127 on: May 16, 2008, 04:34:03 AM »
Hmm, you ask for ways in which this might have an effect on others, yet you reject any data pertaining to health care and monetary effects on others who will pay the costs.

And then call those with other views both stupid and bigoted.

Why do I think you are not sincere? 
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roo_ster

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41magsnub

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Re: is it unconstitutional to ban gay marriage?
« Reply #128 on: May 16, 2008, 04:54:05 AM »
Hmm, you ask for ways in which this might have an effect on others, yet you reject any data pertaining to health care and monetary effects on others who will pay the costs.

And then call those with other views both stupid and bigoted.

Why do I think you are not sincere? 

To be fair I did not call anyone stupid and as I don't have access to your mind can't speculate why you may or may not think something.

Let's assume there is something to the higher costs for a sec...

Should smoker's be allowed to marry?  The obese?  Drug users?  Reckless drivers?  Other folks who through personal choices may cost the rest of us money due to higher health care needs.  And, those are folks that it is a choice for (except for some of the obese where it is a glandular thing or whatever), while possibly some people choose to be gay most are just wired that way.  Not to mention, gays do not automatically engage in risky activities that put them at risk of AIDS.

That is my problem with the numbers shown, the whole picture is not included.  Also, it seems you guys would penalize an entire group of people for something a subset of them do. 

So I ask again,  what else have you got?


grampster

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Re: is it unconstitutional to ban gay marriage?
« Reply #129 on: May 16, 2008, 05:22:35 AM »
The last time I looked there is nothing in the Constitution that says...The people shall be allowed to....."  Rather, I believe it said something to the effect that the people ordain that the federal government be allowed to do this and that and everything not mentioned here we reserve to ourselves and to the states.  Since we run the states, that's where the power ultimately resides.

These arguments are silly on boards.  They would be better done in town hall meetings when selecting representatives to protect our collective interests from too much intrusion into our lives.  The law is on our side in this matter.  That is if anyone is concerned enough to leave their keyboard long enough to use the power we have.

People are too fat, lazy and self absorbed to do their duty, mostly.  The proof of that statement is in the government we have at the moment.
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MechAg94

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Re: is it unconstitutional to ban gay marriage?
« Reply #130 on: May 16, 2008, 05:27:41 AM »
To be fair.......................
No.  You presume fear and bigotry and homophobia because you can't or don't care to understand other's perspectives on the issue.  That is not fair at all. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

41magsnub

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Re: is it unconstitutional to ban gay marriage?
« Reply #131 on: May 16, 2008, 05:37:13 AM »
To be fair.......................
No.  You presume fear and bigotry and homophobia because you can't or don't care to understand other's perspectives on the issue.  That is not fair at all. 

Seriously?  I'm trying to figure out what all the opposition is and fear, bigotry, and homophobia is all I can come up with since the other arguments are hypocritical at best.

What is not "fair" is one group imposing their religion's morality onto another group.  If you don't support gay marriage, then fine don't marry a guy.  But how is it fair for that to be denied to somebody else for the "reasons" provided?

Again, what else have you got?

MechAg94

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Re: is it unconstitutional to ban gay marriage?
« Reply #132 on: May 16, 2008, 05:39:59 AM »
Quote
What is not "fair" is one group imposing their religion's morality onto another group.
Do you believe in ritual sacrifice? 

I haven't seen anything useful from you yet.  "I should be able to do what I want because I can" is not an argument.  What have you got? 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

MechAg94

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Re: is it unconstitutional to ban gay marriage?
« Reply #133 on: May 16, 2008, 05:41:52 AM »
To be fair.......................
No.  You presume fear and bigotry and homophobia because you can't or don't care to understand other's perspectives on the issue.  That is not fair at all. 

Seriously?  I'm trying to figure out what all the opposition is and fear, bigotry, and homophobia is all I can come up with since the other arguments are hypocritical at best.

What is not "fair" is one group imposing their religion's morality onto another group.  If you don't support gay marriage, then fine don't marry a guy.  But how is it fair for that to be denied to somebody else for the "reasons" provided?

Again, what else have you got?
So are you basically saying if we don't have an argument that meets you personal standards, we are all fearful, homophobic bigots.
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

41magsnub

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Re: is it unconstitutional to ban gay marriage?
« Reply #134 on: May 16, 2008, 05:52:22 AM »
To be fair.......................
No.  You presume fear and bigotry and homophobia because you can't or don't care to understand other's perspectives on the issue.  That is not fair at all. 

Seriously?  I'm trying to figure out what all the opposition is and fear, bigotry, and homophobia is all I can come up with since the other arguments are hypocritical at best.

What is not "fair" is one group imposing their religion's morality onto another group.  If you don't support gay marriage, then fine don't marry a guy.  But how is it fair for that to be denied to somebody else for the "reasons" provided?

Again, what else have you got?
So are you basically saying if we don't have an argument that meets you personal standards, we are all fearful, homophobic bigots.

Well, you are either a hypocrite or a bigot.  Which is it?  My argument consists of that there is no good reason to deny a group of people rights that another group has. 

41magsnub

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Re: is it unconstitutional to ban gay marriage?
« Reply #135 on: May 16, 2008, 05:55:29 AM »
Quote
What is not "fair" is one group imposing their religion's morality onto another group.
Do you believe in ritual sacrifice? 

I haven't seen anything useful from you yet.  "I should be able to do what I want because I can" is not an argument.  What have you got? 

Ritual sacrifice?  What the hell does that have to do with anything?

This is America, I should be able to do what I want because I can and it makes me happy is an argument.  A person should be able to do whatever they want as long as it does not negatively affect other people in a tangible way.  Nothing that has been shown here shows tangible harm.

I'm out of here though, none of us is going to change the other's position and it is all a waste of time.  Gampster got that part right.

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #136 on: May 16, 2008, 07:04:45 AM »
>Do you believe in ritual sacrifice?<

Weak argument man: no "accepted" religion in the Western world allows ritual sacrifice...

bedlamite

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Re: is it unconstitutional to ban gay marriage?
« Reply #137 on: May 16, 2008, 07:27:45 AM »
Do you believe in ritual sacrifice?   

Yes, I sacrifice a plate in the honor of his noodly appendage regularly.

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Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #138 on: May 16, 2008, 07:34:30 AM »
 
Quote
there is no good reason to deny a group of people rights that another group has.

What "rights"? What group in Virginia has a right to marry someone of the same gender? There is equality under the law, not class discrimination.

I think what you are trying to say is that there is no good reason to define marriage to be between a man and a woman, because you feel that homosexuality is equal to heterosexuality.

MechAg94

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Re: is it unconstitutional to ban gay marriage?
« Reply #139 on: May 16, 2008, 08:26:03 AM »
>Do you believe in ritual sacrifice?<

Weak argument man: no "accepted" religion in the Western world allows ritual sacrifice...
Of course it is.  And it was a good response to a weak argument.  Smiley

Lots of laws impose moral behavioral standards on others. 
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MechAg94

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Re: is it unconstitutional to ban gay marriage?
« Reply #140 on: May 16, 2008, 08:34:32 AM »
Quote
What is not "fair" is one group imposing their religion's morality onto another group.
Do you believe in ritual sacrifice? 

I haven't seen anything useful from you yet.  "I should be able to do what I want because I can" is not an argument.  What have you got? 

Ritual sacrifice?  What the hell does that have to do with anything?

This is America, I should be able to do what I want because I can and it makes me happy is an argument.  A person should be able to do whatever they want as long as it does not negatively affect other people in a tangible way.  Nothing that has been shown here shows tangible harm.

I'm out of here though, none of us is going to change the other's position and it is all a waste of time.  Gampster got that part right.

I do agree with you on that bolded part.  Cheesy

On the "because I can part", I have no problem with your choice of behavior.  That is your choice and you can live with it.  What is at question on the issue that I see if you want the government and rest of us to legally define marriage as including same sex couples.  That is a bit different and a little beyond the simple personal choice argument. 

...but yeah, it probably is pointless to go further. 
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #141 on: May 16, 2008, 10:59:15 AM »
Honestly, i still think the biggest problem with this discussion is terminology: so long as it's framed as "gay marriage", there's gonna be a problem...

cassandra and sara's daddy

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Re: is it unconstitutional to ban gay marriage?
« Reply #142 on: May 16, 2008, 11:10:31 AM »
another reason for a civil union that has universal recognition. currently were a gay couple to be married in one state it is possible that were one to die and they to have kids  relatives could snatch em and flee to a state that doesn't recognie a gay marriage.  and then the lawyers get fat. i don't see gay marriage flying if it was so pointedly voted down in california it has less chance elsewhere
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mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #143 on: May 18, 2008, 03:40:34 PM »
Regarding the first amendment, where is the line between morality and religion?  Is it the will of the people?

If so, Mr. Damright would surely welcome same-sex marriage in Virginia if many people who believed in same-sex marriage moved to Virginia and thus became the majority of the Virginia populace and so decided to accept same-sex marriage at the state level.  Right?

Perd Hapley

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Re: is it unconstitutional to ban gay marriage?
« Reply #144 on: May 18, 2008, 06:13:58 PM »
mek, I was afraid you had abandoned this thread altogether.  I wanted to thank you for your comments back in post #50.  For my part, I'm disappointed in my fellow conservatives in this thread.  They shouldn't let your side get away with asking for reasons to oppose homosexual marriage, as if we were the ones needing to explain ourselves.  They should be asking your side to explain why the law should be changed, and why we should pretend that men and women are interchangeable, even in such a conspicuously and necessarily heterosexual institution.   
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The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #145 on: May 18, 2008, 06:55:06 PM »
You might have just led with your chin...

>They should be asking your side to explain why the law should be changed, and why we should pretend that men and women are interchangeable, even in such a conspicuously and necessarily heterosexual institution.<   

 This may sound ignorant, but humor me: WHY is it "conspicuously and necessarily heterosexual"?

Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #146 on: May 18, 2008, 06:56:59 PM »
Quote
If so, Mr. Damright would surely welcome same-sex marriage in Virginia if many people who believed in same-sex marriage moved to Virginia and thus became the majority of the Virginia populace and so decided to accept same-sex marriage at the state level. Right?

Hardly. Why would I welcome millions of people with yankee values (or lack thereof) moving to Virginia and taking over? If that happened, I might would move to another State where I'd feel more at home ... but regardless, I'd still be for a marriage protection amendment in the US Constitution.

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #147 on: May 18, 2008, 07:24:29 PM »
But Hugh, isn't that flying in the face of your own statement? If the majority of the people in Virginia said they wanted "gay marriage", you would still stand against it?

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Re: is it unconstitutional to ban gay marriage?
« Reply #148 on: May 18, 2008, 07:34:55 PM »
Quote
>Do you believe in ritual sacrifice?<

Weak argument man: no "accepted" religion in the Western world allows ritual sacrifice...

Hmmm. I was going to say, "yes", until Strings pointed out you meant human sacrifice. Even so, I am not terribly opposed, provided it is practiced as my ancestors did it, by sacrificing criminals to the Gods. After all, I do support the death penalty.  Anyhow, I was thinking of goats, but now I see the point... laugh
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mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #149 on: May 19, 2008, 02:36:01 AM »
mek, I was afraid you had abandoned this thread altogether.  I wanted to thank you for your comments back in post #50.  For my part, I'm disappointed in my fellow conservatives in this thread.  They shouldn't let your side get away with asking for reasons to oppose homosexual marriage, as if we were the ones needing to explain ourselves.  They should be asking your side to explain why the law should be changed, and why we should pretend that men and women are interchangeable, even in such a conspicuously and necessarily heterosexual institution.   

I've been working late and enjoying the fruits of overtime.  Smiley  Recently bought some more woodworking equipment and have been busy making sawdust and wood shavings.

Why should the law be changed?  I have a reason.  With DSM IV, homosexuality is no longer a treatable mental illness or a deviant behavior, but is recognized as merely an alternative lifestyle.  This change coincided with laws being struck down that had made homosexual behavior illegal.  Like it or not, for better or for worse, homosexuality is now accepted in the eyes of the law, if not every individual, as an acceptable alternative lifestyle in America.  Therefore, denying homosexuals equality with heterosexuals in regards to the State accepting a formalization of a permanent relationship (whether it be called marriage, civil unions, personal incorporations or what have you, so long as the semantics and legal construction in the eyes of the State be equal, not similar, not equivalent, but equal) is a denial of liberty under Amendment XIV, section 1.

Quite a few more years ago, people of non-Caucasian races were considered inferior.  Eventually this attitude changed leading to changes in the laws (see Amendments XIII, XIV and XV among other changes of law).  Likewise, women were once not thought of as capable of being part of the People's self-governing process.  Eventually this attitude changed leading to Amendment XIX (again, among other changes of law).  It seems to me that sexual orientation is following the historical patterns of change previously exhibited in regards to the attitudes of race and gender.  Aren't many of the arguments against homosexuality given here the same or similar to those that were once used against miscegenation?  "It isn't natural."  "No valid offspring."

Quote
If so, Mr. Damright would surely welcome same-sex marriage in Virginia if many people who believed in same-sex marriage moved to Virginia and thus became the majority of the Virginia populace and so decided to accept same-sex marriage at the state level. Right?

Hardly. Why would I welcome millions of people with yankee values (or lack thereof) moving to Virginia and taking over? If that happened, I might would move to another State where I'd feel more at home ... but regardless, I'd still be for a marriage protection amendment in the US Constitution.

But Hugh, isn't that flying in the face of your own statement? If the majority of the people in Virginia said they wanted "gay marriage", you would still stand against it?

Hugh, it's not a very good way to debate to claim State's Rights for when the State agrees with you but then desire the State be trampled by the Federal gov't when the State doesn't agree with you.  If you personally are just against homosexuality and want laws against it, fine, but don't make it into a State's Rights issue unless you are willing to be ok with homosexuality if the majority of your state is.