Author Topic: is it unconstitutional to ban gay marriage?  (Read 62860 times)

mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #50 on: May 05, 2008, 03:02:53 PM »
I am starting to feel a little shame at starting this thread due to some of the less than respectful posts from those who seem to share my point of view.  As the OP, I hope that those of you who disagree with my point of view on this will accept apologies and continue a polite discussion.

Regarding health insurance and other employee benefits, wouldn't the cost go down?  As it stands, many employers are required to extend heterosexual spousal benefits to homosexual non-married partners because there is no marriage option available.  In fact, many non-married heterosexual couples feel this is itself a form of discrimination against their choice not to marry.  Allowing gay marriage would certainly clear this up - employers could define benefits for people other then their employees however they saw fit without worry of discrimination against sexual orientation.

As for the matter of non-procreative sexual contact, many states still have laws against such things still on the books - many such laws do not discriminate about whether said acts are done between heterosexual or homosexual partners.  I don't know, nor do I want to know, the details of any of your sex lives.  I don't think we want the government to know these details either.  If we ban gay marriage due to the procreation argument, shouldn't many of these anti-non-procreative sex laws be more vigorously enforced?  Or are certain acts somehow "different" if done between a man and a woman vs. two men or two women?

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We have a reproductive system that functions in a particular manner, with an element of pleasure, which with the participation of a man and a woman produces offspring. So we do not die off and cease to exist. Within society than we have families, the individuals of which in turn interact with individuals of the opposite sex in other families, when men and women pair off and produce more offspring - families.

What about heterosexual married couples who choose not to have children?  Should marriages be automatically annulled after so many years if no offspring are propagated?  What about the widower and widow retirees falling in love and getting married to spend the last of their time with each other as close as they can?  Or, for that matter, people unable to have children?  Taken to it's logical end, your argument would deny these folks the opportunity of marriage.  Do we really want the government saying that in order to be married the couple in question must generate offspring?

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It might seem like a marriage amendment would be a religious amendment, but if we have no marriage amendment, and the feds force homosexual marriage on every State, then how is that keeping the feds out of religion? Either we do nothing and the feds trample our Christian values, or we amend the US Constitution to stop them.

This is one of the things that turned me away from Christianity - the desire of many Christians to impose their will on others instead of sharing their beliefs and letting others make their own choices.  Is it not a greater act of worship to have the opportunity to choose wrong and do the right thing or to not have such an opportunity and choose to do the right thing?  Did Jesus go to the Romans and ask them to make prostitution illegal or did he go to the prostitutes to convince them that they were doing wrong and to live righteously instead?

Does knowing your neighbor sins cause you to go out and commit that same sin?  Legislating morality is a very slippery slope which our founding fathers recognized.  Where do we stop?  The Bible clearly states that taking the Lord's name in vain is one of the worst, most offensive sins - maybe we should jail people for that.  The Bible also states that the appearance of sin is bad also - maybe we should stone women who go out in public with men other than their husbands because it looks like adultery.

Even then, let us say that we do legislate Christian morality.  Do you think God would rather people avoid sin out of the fear of God or fear of the State?  Isn't this close to what the Pharisees had going that Jesus so passionately railed against?  As long as a sin does not cause harm to another, isn't it better to not legislate against that sin so that people can avoid the sin as an act of worship as opposed to mere obeisance to the State?

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I don't really care about the marriage or union aspect of it.  But I do think that any and all families that lack both a father and a mother are starting out deficient.  Granted some single parent homes can rise above the challenge and still raise children, but it's not starting on the same footing as a complete home.  The "authorities", religious, legal, whatever, can't do much to stop divorce, or stop children out of wedlock.  But that doesn't mean they should activly condone "families" that start from the get go lacking a father and a mother.

It seems to me that homosexual couples overall might make better parents than heterosexual couples just by eliminating unplanned pregnancies.  A homosexual couple would have to adopt a child or undergo some sort of artificial / surrogate pregnancy to have children.  These processes all have a major PITA factor - after having made the decision to go through such an irritating process, it seems to me there is a greater likelihood of following through and making a good effort at doing things right than Johnny and Susie 9 months after prom night.  Maybe it would cut down on child abuse if the government did actively prevent people from having children prior to demonstrating that they meet some standard of good parenting ability.  I don't think any of us wants that to happen.

Allowing homosexual couples to marry and adopt children would help remove children from the foster care system and just might free up enough resources to prevent more child abuse.  How is this a bad thing?  Even if (and I do not agree, nor do I believe there is enough data to decide - you may be right though) it is true that a loving homosexual couple cannot do as good a job at raising a child as a loving heterosexual couple, surely the loving homosexual couple would be preferred to a foster home.

cassandra and sara's daddy

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Re: is it unconstitutional to ban gay marriage?
« Reply #51 on: May 05, 2008, 03:35:35 PM »
"As it stands, many employers are required to extend heterosexual spousal benefits to homosexual non-married partners because there is no marriage option available. " 
many?  where?  required?


but you are right i know quite a few gay couples make great parents. one lady i know has often talked about ho she'd love to raise a son  and she'd raise a real boy too
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #52 on: May 05, 2008, 04:16:49 PM »
You might be right - the gay non-spousal benefits may have just been a voluntary decision for the workplaces I've worked at.  I always thought it was a result of various civil suits.  But even if that is the case, it would still be a risk management / employee value decision not a mandate.

All I remember is that one place where I worked there was a lot of discontent about homosexual non-married partners of the employee getting benefits while unmarried heterosexual couples did not have the same setup.  I haven't looked hard into this.

cassandra and sara's daddy

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Re: is it unconstitutional to ban gay marriage?
« Reply #53 on: May 05, 2008, 05:59:52 PM »
"All I remember is that one place where I worked there was a lot of discontent about homosexual non-married partners of the employee getting benefits while unmarried heterosexual couples did not have the same setup.  I haven't looked hard into this."


civil unions would/could help eliminate this


and i think companies expanding benifits is great  but it should be their choice
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

MicroBalrog

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Re: is it unconstitutional to ban gay marriage?
« Reply #54 on: May 05, 2008, 07:52:43 PM »
"..and as a sapient individual, I have the right to choose."

 grin grin  Ok, you've left yourself wide open here.. grin  I gotta pull yer chain. grin

This is meant to be funny, not critical.  Ahem...the word is sentient not sapient which does, in the context of this discussion, make me laugh out loud because of the descriptive adjectival image that misuse of the word conjures as follows.   grin  Petulant tone: I'm a sap, so I can use my body any way I want.  End petulant tone.  grin



Actually, while the conventional use is sentient, the proper word is sapient.

Sentience has been defined as 'the ability to feel or perceive subjectively', which is commonly ascribed not only to humans, but also to monkeys, dogs, cows, and basically all animals. Animal rights activists often go for that as the litmus test for rights.

Sapience is 'the ability to act with judgement'.

Now you tell me, what is unique to humans? Hint: We're called the Homo sapiens for a reason.

Sorry, nit-picking sci-fi fanboy here
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Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #55 on: May 06, 2008, 04:13:02 AM »
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This is one of the things that turned me away from Christianity - the desire of many Christians to impose their will on others instead of sharing their beliefs and letting others make their own choices.

Again, I see this as a North/South thing. It is not the South that wants to force its will on others. It is the North. Egalitarians/libertarians have done everything they could to impose their will upon my region, even resorting to all out war and amending the US Constitution by military force. We can see that they are about to force homosexual marriage upon us, and the only way to stop them would seem to be to amend the US Constitution. I don't see how we keep coming up with the idea that such an amendment makes the Christians out to be the aggressors. In my view, it is your side, the libertarians/egalitarians, that are manic to force their values upon us all.

grampster

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Re: is it unconstitutional to ban gay marriage?
« Reply #56 on: May 06, 2008, 04:16:50 AM »
Duly chastised here.  I didn't look up sapient, meant to, even suspected you were correct, but I was having too much fun with my misinterpretation.  (Actually, I thought about Homo sapiens, but though maybe you created a new word, sapient.) grin
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mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #57 on: May 06, 2008, 05:32:36 PM »
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This is one of the things that turned me away from Christianity - the desire of many Christians to impose their will on others instead of sharing their beliefs and letting others make their own choices.

Again, I see this as a North/South thing. It is not the South that wants to force its will on others. It is the North. Egalitarians/libertarians have done everything they could to impose their will upon my region, even resorting to all out war and amending the US Constitution by military force. We can see that they are about to force homosexual marriage upon us, and the only way to stop them would seem to be to amend the US Constitution. I don't see how we keep coming up with the idea that such an amendment makes the Christians out to be the aggressors. In my view, it is your side, the libertarians/egalitarians, that are manic to force their values upon us all.

Oh, wow, nested quotes work here, very nice. Smiley

If anyone is trying to get the state to force churches to marry people than I am against that.  In the eyes of the state though, I believe that homosexual partners should have the same opportunity to pursue happiness as heterosexual partners.  Whether either chooses or not to become married in the eyes of the state, that choice should be available.  Or simply remove marriage as an institution of the state altogether - though I think this would cause more problems than freely allowing homosexual marriage.  How is the attempt to increase freedom more of a "forcing of values" situation than trying to restrict freedom?

I still do not understand how people or society as a whole are harmed by homosexual marriage.  The closest to harm to society I have seen here is that lack of offspring would erode the tax base.  I counter this by saying that the homosexuals who would like to get married to each other are not likely to suddenly decide to engage in procreative heterosexual marriage simply because they are not permitted to pursue happiness together in the form of marriage.  Rather, they will likely maintain a monogamous long-term non-married relationship similar to heterosexual couples that often are referred to as "common law" married couples.  Further, I think it would be worse for society for every two people to procreate - this would lead to overpopulation at a time when energy and food resources are already stretched rather thin.

Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #58 on: May 07, 2008, 04:42:33 AM »
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How is the attempt to increase freedom more of a "forcing of values" situation than trying to restrict freedom?

What you call "an attempt to increase freedom" seems to me to be an attempt to increase egalitarianism/libertarianism. It's your view of freedom, not mine. And what you call "trying to restrict freedom" seems to me to refer to the right of the people of each State to define their own society and culture. Is it so hard to comprehend the idea that if homosexual marriage is forced upon Virginia then Virginians will be less free?

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #59 on: May 07, 2008, 12:41:32 PM »
Ok Hugh, I can accept that.

 So... if California residents wish to have a complete ban on guns, defining their culture as "gun free", that's their right? Or an I missing your logic somewhere?

Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #60 on: May 07, 2008, 04:25:51 PM »
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So... if California residents wish to have a complete ban on guns, defining their culture as "gun free", that's their right? Or an I missing your logic somewhere?

I do not believe that the States' reserved rights include a right to ban guns. In Presser v. Illinois, the SCOTUS said that the States cannot ban guns because it would interefere with the US militia powers and general powers. And it might be argued that if a State banned guns then it would be trampling a pillar of the republican form of government which the US Constitution guarantees to each State. In contrast, I see something like defining sodomy as an intrastate affair ... or if it isn't then I don't know what is or why we have States.

"The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives."  -Ronald Reagan (Executive Order 12612 re: Federalism)

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #61 on: May 07, 2008, 05:15:13 PM »
Ok, let's pick something non-Constitutional...

 Let's say (for the sake of discussion) that Iowa wants to ban motorcycles. Their reasoning is that "bikers" represent problems that they don't want in their culture. Would you be ok with that?

Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #62 on: May 07, 2008, 08:07:52 PM »
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Ok, let's pick something non-Constitutional...

Let's say (for the sake of discussion) that Iowa wants to ban motorcycles. Their reasoning is that "bikers" represent problems that they don't want in their culture. Would you be ok with that?

I think that would still be an interstate/Union/federal matter ... if some States banned motorcycles (or pickup trucks or Cadillacs) then that would impede interstate traffic. But what if France banned motorcycles, would you be "OK" with that?

"A state has the same undeniable and unlimited jurisdiction over all persons and things within its territorial limits as any foreign nation when that jurisdiction is not surrendered or restrained by the Constitution of the United States."  -New York v Miln

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #63 on: May 07, 2008, 08:20:49 PM »
>And what you call "trying to restrict freedom" seems to me to refer to the right of the people of each State to define their own society and culture. Is it so hard to comprehend the idea that if homosexual marriage is forced upon Virginia then Virginians will be less free?<

Either you're just not getting my point, or I'm not illustrating it properly (which I'll concede is very possible).

 The point you make above suggests that, if the people in a state decide they want to limit someone's freedom, not allowing them to do so makes them less free. Is that the point you're trying to say, or am I misunderstanding you?

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #64 on: May 08, 2008, 08:16:00 AM »
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I am starting to feel a little shame at starting this thread due to some of the less than respectful posts from those who seem to share my point of view.

The overall tenor has always been hostile and contemptuous here.  Inconsistent with armedPOLITEsociety IMO.

SADShooter

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Re: is it unconstitutional to ban gay marriage?
« Reply #65 on: May 08, 2008, 12:09:45 PM »
Paddy, do you remain in hopes of bringing us back around to a civil discourse, or does the "hostile and contemptuous" tenor satisfy you in some way?
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The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #66 on: May 08, 2008, 12:44:15 PM »
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Paddy, do you remain in hopes of bringing us back around to a civil discourse, or does the "hostile and contemptuous" tenor satisfy you in some way?

And there's an example.  A nasty personal remark, with no redeeming value or purpose other than to disparage a specific individual.

SADShooter

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Re: is it unconstitutional to ban gay marriage?
« Reply #67 on: May 08, 2008, 01:12:38 PM »
I think I asked a legitimate question in a measured tone. I don't think most posters are guilty of what you claim, and I could catalog a number of caustic or irrelevant remarks you've made here. I am sincerely curious why you post here so frequently, if the tone and content of the forums is so distatsteful to you. I enjoy it here, and find it very informative. If I didn't, I wouldn't hang around. My assumption is that either you see some redeeming value in countering the attitudes you dislike, or simply enjoy being a gadfly. Which is it? Or is there another plausible alternative I've overlooked?
"Ah, is there any wine so sweet and intoxicating as the tears of a hippie?"-Tamara, View From the Porch

The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #68 on: May 08, 2008, 01:35:29 PM »
..............and, the backpeddle. 

If you're seriously interested in a discussion, I'd be glad to engage you.  However, I'm not interested in trading insults or oneupmanship remarks with you, or anybody else.

Perd Hapley

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Re: is it unconstitutional to ban gay marriage?
« Reply #69 on: May 08, 2008, 01:43:00 PM »
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Paddy, do you remain in hopes of bringing us back around to a civil discourse, or does the "hostile and contemptuous" tenor satisfy you in some way?

And there's an example.  A nasty personal remark, with no redeeming value or purpose other than to disparage a specific individual.

And in response to a hypocritical remark, with no redeeming value or purpose other than to disparage a large group of individuals.   laugh  SADShooter, the mere fact that Paddy would make that complaint is just priceless.  Especially considering his first post in this thread.  Come to think of it, he's yet to do anything to this thread but urinate in it.  But we expect that from him. 
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mek42

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Re: is it unconstitutional to ban gay marriage?
« Reply #70 on: May 08, 2008, 02:59:04 PM »
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So... if California residents wish to have a complete ban on guns, defining their culture as "gun free", that's their right? Or an I missing your logic somewhere?

I do not believe that the States' reserved rights include a right to ban guns. In Presser v. Illinois, the SCOTUS said that the States cannot ban guns because it would interefere with the US militia powers and general powers. And it might be argued that if a State banned guns then it would be trampling a pillar of the republican form of government which the US Constitution guarantees to each State. In contrast, I see something like defining sodomy as an intrastate affair ... or if it isn't then I don't know what is or why we have States.

"The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives."  -Ronald Reagan (Executive Order 12612 re: Federalism)

Sodomy between homosexuals has already been decided to be covered under the 14th Amendment's equal protection clause in [A HREF="http://en.wikipedia.org/wiki/Lawrence_v._Texas"]Lawrence v. Texas[/A].

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How is the attempt to increase freedom more of a "forcing of values" situation than trying to restrict freedom?

What you call "an attempt to increase freedom" seems to me to be an attempt to increase egalitarianism/libertarianism. It's your view of freedom, not mine. And what you call "trying to restrict freedom" seems to me to refer to the right of the people of each State to define their own society and culture. Is it so hard to comprehend the idea that if homosexual marriage is forced upon Virginia then Virginians will be less free?

But all Virginians wouldn't have to engage in homosexual marriage.  Therefore nothing is being forced upon them.  If the homosexual couple down the street gets married in the eyes of the state (again, churches remain free to marry or not marry them as the church feel fit) rather than merely cohabitating, how does this cause your quality of life to suffer?  This is what I do not understand.

If the issue was simply decreased future tax base due to lack of progeny people would not be as emotionally excited about the issue as they seem to be.

cosine

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Re: is it unconstitutional to ban gay marriage?
« Reply #71 on: May 08, 2008, 04:26:43 PM »
Keep on track with the original topic. Anything else simply adds extra heat, not light.
Andy

Hugh Damright

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Re: is it unconstitutional to ban gay marriage?
« Reply #72 on: May 08, 2008, 04:32:34 PM »
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Sodomy between homosexuals has already been decided to be covered under the 14th Amendment's equal protection clause in Lawrence v Texas.

The 14th was not intended to strike down the States' laws re: sodomy between homosexuals. It looks to me like an activist SCOTUS is grasping at straws, and that in reality the States' reserved police powers include a right to define sodomy to include homosexual acts.

It is Lawrence v Texas and Loving v Virginia that convince me that we need a marriage amendment.


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But all Virginians wouldn't have to engage in homosexual marriage.  Therefore nothing is being forced upon them.  If the homosexual couple down the street gets married in the eyes of the state (again, churches remain free to marry or not marry them as the church feel fit) rather than merely cohabitating, how does this cause your quality of life to suffer?  This is what I do not understand.

I do not see how you can assert that if homosexual marriage is forced upon Virginia then nothing is forced upon Virginians. It's as if the assertion is completely removed from any sense of government or federalism or anything beyond the individual and libertarianism.

It's not a question of what harm homosexual marriage causes Virginians. The point is, it's properly our call, because it's by right our State. And it's a matter of how we wish to define our own society and culture. We simply don't want homosexual marriage in Virginia because Virginians have other values.

roo_ster

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Re: is it unconstitutional to ban gay marriage?
« Reply #73 on: May 08, 2008, 04:52:46 PM »
The whole homosexual marriage enterprise is not about equal rights.  Under current law, all have the same liberty to marry.

HM is a statist means by its proponents to impose their values and jurisprudence on the majority that is doing just fine without it.

Things like the DoMA and a Constitutional Amendment are reactions to statist actions attempting to subvert both federalism and the rights of the citizens of the United States to govern those states as they see fit.

It is not fed.gov's responsibility to sanction every whimsy and codify its legitimacy.
Regards,

roo_ster

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The Annoyed Man

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Re: is it unconstitutional to ban gay marriage?
« Reply #74 on: May 08, 2008, 04:53:28 PM »
>It's not a question of what harm homosexual marriage causes Virginians. The point is, it's properly our call, because it's by right our State. And it's a matter of how we wish to define our own society and culture. We simply don't want homosexual marriage in Virginia because Virginians have other values.<

By that logic, anything that the citizens of a state decide they don't like, they can ban. I believe the phrase we're looking for is "tyranny of the majority": a situation where, because an unpopular group is in the minority, their rights are trampled...