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Sopho
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19 May 2007, 9:54 pm

It's denying me my rights because it's sexist. I cannot marry a woman simply because I am not male. Two adults (one male, one female) would never be prevented from marrying each other, as long as they were not already married. Therefore why can't I marry the person I want to be with? I want the same protection for my relationship that a heterosexual couple can have.
Why should I not be allowed that? How is my relationship in any way inferior to their's?



Sopho
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19 May 2007, 9:56 pm

jimservo wrote:
The comparison is made more absurd by the physical differences between men and women compared to the lack of physical differences between black and whites.

What does physical difference have to do with anything? Stopping me marrying a woman because of my sex is no different than stopping me marry a black person because of the colour of my skin.



jimservo
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19 May 2007, 10:11 pm

Sopho wrote:
It's denying me my rights because it's sexist.


Again, where did the right come from? What is it's intellectual origin?

What about the United States Constitution? Why can't this right be attained through the legislature like Woman's Suffrage?

Sopho wrote:
I cannot marry a woman simply because I am not male.


Yes. That is true. However, that has been the case for all of history. This "right" is a fundamentally new and worthy of debate and it's consequences. Men really aren't even designed for a single partner really. There aren't monogamous. It was religion that instituted the practice. However that doesn't mean that because it might be unfair to the "male ideal" that the laws should be changed. There are many factors involved.

Sopho wrote:
Two adults (one male, one female) would never be prevented from marrying each other, as long as they were not already married.[/quoe]

Yes, but it isn't that simple. It would be wonderful if it was.

Sopho wrote:
Therefore why can't I marry the person I want to be with?


1. You can, although not by the state.
2. The reason you cannot has to do with worries about the effect on society that the legalization of homosexual marriage on society will bring. Unfortunately, these effects are more long-term then short-term. There are issues in regards to the raising of children, adoptions, and divorce, and the effects of which are still largely unknown to us. While it was denied it would occur, other groups such as polygamists are arguing that recent US, and State Supreme Court decisions may ultimately help their own cause.

Sopho wrote:
I want the same protection for my relationship that a heterosexual couple can have.


If you are talking about the right to access in a hospital, insurance, ect...I agree. In regards to adoption, I believe that gay couples should be second in line behind heterosexual couples, but in front of singles.

Sopho wrote:
How is my relationship in any way inferior to their's?


Your relationship very well may be a close personal loving relationship as close as any bond that any close couple feels.



jimservo
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19 May 2007, 10:41 pm

JimServo wrote:
I believe it is not illogical, although I am agnostic myself (who opposes both gay marriage and civil unions). I am a bad person? I am aware I am asking a different question.


I shouldn't have asked this. I didn't ask this in a effort to make this um...testy or difficult, but it was an unwise question I think in retrospect. I was curious, and was not offended by your response, but I didn't consider the possibility that you might have been angered. Even if you were not I think I didn't take enough time to think through the question.

I apologize.



Xenon
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19 May 2007, 10:45 pm

jimservo wrote:
2. The reason you cannot has to do with worries about the effect on society that the legalization of homosexual marriage on society will bring. Unfortunately, these effects are more long-term then short-term.


Yeah, and I'll bet those who opposed the emancipation and manumission of the slave population worried about the effect on society that freeing the slaves would bring. That doesn't make slavery any less wrong.

Meanwhile, up here in Canada where same-sex marriage was given legal sanction two years ago, things are pretty much the same as they were before.


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skafather84
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19 May 2007, 10:59 pm

Xenon wrote:
jimservo wrote:
2. The reason you cannot has to do with worries about the effect on society that the legalization of homosexual marriage on society will bring. Unfortunately, these effects are more long-term then short-term.


Yeah, and I'll bet those who opposed the emancipation and manumission of the slave population worried about the effect on society that freeing the slaves would bring. That doesn't make slavery any less wrong.

Meanwhile, up here in Canada where same-sex marriage was given legal sanction two years ago, things are pretty much the same as they were before.



actually black on white crime has gone up A TON since we made slavery illegal. we were better off keeping them as slaves.


.....at least by jimservo's logic.



jimservo
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19 May 2007, 11:19 pm

Xenon wrote:
Yeah, and I'll bet those who opposed the emancipation and manumission of the slave population worried about the effect on society that freeing the slaves would bring. That doesn't make slavery any less wrong.


I don't dispute that at all. But, again, I think the comparison of the end of slavery, and the civil rights movement to the desire for same-sex marriage, or equality in adoptions for same-sex couples is utterly ridiculous.

Xenon wrote:
Meanwhile, up here in Canada where same-sex marriage was given legal sanction two years ago, things are pretty much the same as they were before.


We clearly have a different interpretations of events. In re: to effects. The laws have changed, definitive effects will take more time. This isn't like a tax cut where quickly sails in. Social dynamics are more subtle and often develop beneath the surface over time (especially when we are talking about children growing up).



Xenon
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19 May 2007, 11:29 pm

jimservo wrote:
Xenon wrote:
Yeah, and I'll bet those who opposed the emancipation and manumission of the slave population worried about the effect on society that freeing the slaves would bring. That doesn't make slavery any less wrong.


I don't dispute that at all. But, again, I think the comparison of the end of slavery, and the civil rights movement to the desire for same-sex marriage, or equality in adoptions for same-sex couples is utterly ridiculous.


Explain. Both involve the removal of a denial of what some would deem to be basic human rights.

Or if you reject my attempt at "reductio ad absurdum", what about the repeal of laws that forbade whites from marrying non-whites? Again, I am sure your argument about how it will affect society would be equally valid there. Please explain why it applies to same-sex marriage but not black-and-white marriage.


Xenon wrote:
Meanwhile, up here in Canada where same-sex marriage was given legal sanction two years ago, things are pretty much the same as they were before.


We clearly have a different interpretations of events. In re: to effects. The laws have changed, definitive effects will take more time. This isn't like a tax cut where quickly sails in. Social dynamics are more subtle and often develop beneath the surface over time (especially when we are talking about children growing up).[/quote]

Children have been raised by gay parents for a long time. Now, the gay parents can get legally married. This would increase the chances of a stable home environment for the child. Seems to me this would be a *good* thing, no?


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Last edited by Xenon on 19 May 2007, 11:33 pm, edited 1 time in total.

jimservo
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19 May 2007, 11:31 pm

skafather84 wrote:
actually black on white crime has gone up A TON since we made slavery illegal. we were better off keeping them as slaves.


.....at least by jimservo's logic.


That's a neat trick. Xenon used an analogy noting that I worried about long term effects, and he pointed out (correctly) that those who supported slavery also worried about long term effects (although they made absurd claims about things like race wars, mostly).

skafather84 jumps up and says "black on white crime has gone up A TON since we [by which the Union army] made slavery illegal." Of, well, that's pretty obvious isn't it. They weren't slaves anymore. Under the system of slavery murder of a white was punished by the execution of all as a way to prevent revolts. It was a horribly unethical system. He adds sarcastically "we were better off keeping them as slaves."

Oh, skafather84, but I never said that. In fact, I never even made the analogy in the first place! I consider slavery to be a far more brutal and despicable crime then not allowing same-sex marriage (which I don't consider to be a "crime" at all). But you know what I do consider to be a serious crime? Hanging homosexuals, and stoning them to death. You can see that in Iran, Saudi Arabia, Sudan, and elsewhere in the Arab world.

You want truly reactionary fundamentalist dogma, believe me, largely it ain't here.



skafather84
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19 May 2007, 11:45 pm

jimservo wrote:
skafather84 wrote:
actually black on white crime has gone up A TON since we made slavery illegal. we were better off keeping them as slaves.


.....at least by jimservo's logic.


That's a neat trick. Xenon used an analogy noting that I worried about long term effects, and he pointed out (correctly) that those who supported slavery also worried about long term effects (although they made absurd claims about things like race wars, mostly).

skafather84 jumps up and says "black on white crime has gone up A TON since we [by which the Union army] made slavery illegal." Of, well, that's pretty obvious isn't it. They weren't slaves anymore. Under the system of slavery murder of a white was punished by the execution of all as a way to prevent revolts. It was a horribly unethical system. He adds sarcastically "we were better off keeping them as slaves."

Oh, skafather84, but I never said that. In fact, I never even made the analogy in the first place! I consider slavery to be a far more brutal and despicable crime then not allowing same-sex marriage (which I don't consider to be a "crime" at all). But you know what I do consider to be a serious crime? Hanging homosexuals, and stoning them to death. You can see that in Iran, Saudi Arabia, Sudan, and elsewhere in the Arab world.

You want truly reactionary fundamentalist dogma, believe me, largely it ain't here.



that's nice..iran sucks. i know this already. i wouldn't use iran as a basis for where we are or where we should be going.


i don't go "well i haven't killed many people like john wayne gacy did so i'm a good person." and that's essentially what you do there by drawing a conclusion with iran.



jimservo
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20 May 2007, 12:12 am

Xenon wrote:
Both involve the removal of a denial of what some would deem to be basic human rights.


You cannot base policy based merely on what some want because such policies inherently combat with each other. I see no constitutional basis for mandated state recognition of same-sex marriage, so I do not see how I violate the rights of the people to decide through their elected representatives or ballot initiatives to decide policy on the subject. If a state wants to vote (as Vermont did with civil unions) to decide to not have my preferred policy that certainly is there right. I am not even sure about the Constitution Amendment that bans same-sex marriage because I think a better amendment may be possible that simply preserves the right for each state, without court interference, to decide the issue.

Xenon wrote:
Or if you reject my attempt at "reductio ad absurdum", what about the repeal of laws that forbade whites from marrying non-whites?


I think such laws are unethical. While I am not a legal expert, I do have a general philosophy, which I have expressed. In the process of thinking about this (which I honestly had to think about a bit), and did a little searching and came up with something which contradicts something I posted before, namely that no Supreme Court Justice has used the Declaration of Independence as a legal document (although when I said as in the same way as the Constitution I probably was correct):

Quote:
In (Justice Thomas') view, "the ’original intention’ of the Constitution" is to fulfill "the ideals of the Declaration of Independence." As we know, the Constitution was originally intended to replace the Articles of Confederation and create "a more perfect Union." For the Founders, "a more perfect Union" meant a Union that more perfectly embraced the principles for which they risked their "Lives," "Fortunes," and "sacred Honor" in the Revolutionary War. As Justice Thomas points out, these principles are the "ideals of the Declaration of Independence." Hence he draws the reasonable conclusion that to understand the original intent of the Constitution, we must first understand the principles of the Declaration.

According to the Declaration, America’s basic moral and political principles are found in "the laws of Nature and of Nature’s God." Justice Thomas would argue, for example, that a member of the Supreme Court can only discern whether the Constitution’s guarantee of "liberty" overrides laws preventing interracial marriage by understanding the nature of the liberty given to every person by natural law -- what the Declaration calls the "unalienable" right to liberty with which all people, regardless of race, "are endowed by their Creator." He consistently has argued that because our rights come from our nature and not our race, the law should not classify people or forbid actions based on race. (Hence Justice Thomas believes that both anti-interracial marriage laws and affirmative action programs violate the "colorblind" spirit of the Constitution.)


I would add this would be consistent with Justice John Marshall Harlan, the lone dissenter in Plessy v. Ferguson.

Quote:
the natural law approach has held a high place in American jurisprudence [less so in modern times-Jim. Thomas Jefferson and James Madison agreed, for example, that the best guide to the Constitution is the Declaration of Independence and its philosophy of natural rights. This view was common at the Founding; so common, in fact, that early Supreme Court decisions, like Calder v. Bull (1798), claimed that even laws "not expressly restrained by the Constitution" should be struck down if they violate natural rights. Nor was this view limited to the Founding era. Before and during the Civil War, for example, Abraham Lincoln repeatedly appealed to the legal authority of the Declaration in his fight against slavery.


Thus I would say that is very well may be a reasonable argument that the courts could have overturned (perhaps on better grounds) the bans on interracial marriage.

Xenon wrote:
Again, I am sure your argument about how it will affect society would be equally valid there.


We differ on how drastic the difference is.

Xenon wrote:
Please explain why it applies to same-sex marriage but not black-and-white marriage.


The entire concept of what a marriage was for all of human history was male-female. There was indeed more open homosexual behavior that was celebrated at one point, but not same-sex marriage. The modern monogamous marriage, which in the West has been spread through Judeo-Christianity, is centered around the family, or it at least traditionally has been. We are now debating something that is going to have effects for the future of our cultures of the West.

The ban on black-white marriage has a different history. It was a product of the post-slavery segregationist age. Ironically, segregation was first put in place to protect Blacks from racist Whites, but that is a long part of a complex story.



Sopho
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20 May 2007, 8:18 am

Historically, marriage has been about passing on posession of a woman and everything she owns, from her father to her husband. It is traditionally sexist. The definition of marriage has changed plenty of times, as society's attitudes to X, Y and Z change. Society is now more accepting of gay people. Therefore why can't the definition of marriage now reflect this?
Family has nothing to do with it. Do you think only heterosexual couples have families?
Do you seriously think that allowing a man to marry a man, or a woman to marry a woman, is going to completely mess up society?



Xenon
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20 May 2007, 8:53 am

jimservo wrote:
The entire concept of what a marriage was for all of human history was male-female. There was indeed more open homosexual behavior that was celebrated at one point, but not same-sex marriage. The modern monogamous marriage, which in the West has been spread through Judeo-Christianity, is centered around the family, or it at least traditionally has been.


I don't see how that will change just by allowing same-sex marriage. A gay couple, with or without children, is just as much a family as a straight couple, with or without children.


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