55
   

AMERICAN CONSERVATISM IN 2008 AND BEYOND

 
 
old europe
 
  3  
Reply Fri 15 May, 2009 05:49 am
@okie,
okie wrote:
oe, the primary objection I have with legitimizing a behavior as a civil right, a behavior that is viewed as wrong by a good many people, this opens the door to the government making sure that organizations and businesses sanction this behavior.


Generally, I tend to agree that government sanctioned unions - whatever you want to call them - don't constitute a civil right. I don't think that anybody has a "right to get married" comparable to a right to freedom of speech or of the press, a right to peaceably to assemble or to exercise a religion without government interference.

Therefore, I don't think that anybody's civil rights would be violated if the government got out of the business of marriage altogether. That said, I accept that the government might see it as desirable to regulate an agreement that potentially has a direct influence on a child's welfare - including things like a child’s health and development, legal representation of a child, child custody or guardianship, etc.

However, when the government chooses to regulate this situation at all and chooses to provide a service, then I don't think it should be allowed to discriminate based on sexuality. The government could reasonably reject to provide a service if doing so would violate the rights of one party of the agreement (as in forced marriage or underage marriage) or the rights of a third person. I just don't think that extending this service to same sex couples would violate anybody's rights.


okie wrote:
Churches for example, will they be required to approve of the behavior? Will they be prohibited from teaching that homosexual acts are wrong? Will schools be required to teach this behavior as normal, with our tax dollars, to our children, against our will? These and many more questions are pertinent.


I don't really think these questions are pertinent. Calling the service currently provided by the government "marriage" already contradicts the teachings of many denominations.

If I'm Catholic, I would say that marriage is defined as the lifelong, exclusive and faithful union between a man and a woman. The expressed purpose of marriage is procreation, and the church can refuse to marry anyone unwilling or unable to have children. Marriage only ends when one partner dies. There can be no divorce.

Does the way the government regulates marriage therefore violate my beliefs? Does it force me to accept that people are living in sin, because they get married even though they don't intend to procreate or are to old to do so? Does it force me to accept that people are violating my concept of marriage by getting divorced and married again (which, for me, would mean that they are still married to their first partner and now have chosen a life of permanent sin by living with and having a sexual relationship with a person that I don't believe they are married to before God)? Does it mean that churches are now prohibited from teaching that divorce is wrong? Does it mean that schools are now forced to teach behaviour like divorce or remarriage as normal, against my expressed will?

I think part of the answer is that churches have no obligation at all to adapt their teaching to the way the government handles an entirely secular agreement between two people. I think churches have every right to reject the definition of marriage used by the government and instead declare for example that divorce is impossible, or to refuse to marry two people who don't intend to have children.

Another part is that schools have no business of teaching moral dogma of a specific church or religion or denomination. Schools can teach about heterosexuality or homosexuality or divorce or remarriage, but I don't think they should be allowed to teach that a certain behaviour is "normal" or "abnormal".


okie wrote:
Also, we don't know if its nature or nurture, or a combination of both, but we do know that behavior is a choice, that much we know. I am opposed to discrimination against anyone as a person, but I am opposed to forcing people to sanction every behavior as if it is equivalent to a civil right.


I don't think I disagree with anything you've said there.


okie wrote:
Thats what the whole gay marriage thing is about, it is about more than just the marriage issue, it is about much more.


That's not the impression I have. I think that people object because the government chooses to provide a service (that has or should have nothing to do with any kind of religious belief), but then arbitrarily discriminates against some people based on their sexuality and refuses to provide the same service to them. I think it's only there that civil rights are involved at all: when the government discriminates against someone based on gender, religion, or sexual orientation.

What else do you think the "gay marriage thing" is about?


okie wrote:
Back to the indians, the two spirit reference was interesting, but that isn't talking about the behavior, so if you can cite for me a tribe that allowed homosexual activity going on in the tepees or dwellings on a regular basis, please cite for me the evidence.


I think a discussion about the acceptance and practise of bisexuality or homosexuality in pre-Columbian cultures would be interesting, but not really essential to the discussion. What I think is interesting to note is that indigenous cultures don't seem to have had a concept of distinguishing just between heterosexuality and homosexuality. Rather, gender was seen as something a person would choose in puberty, as an inclination towards one or the other gender (or both).


okie wrote:
You talk about the impact of religion on laws, that is exactly correct. In fact, we would have no laws whatsoever if we did not have a moral code deriving from a religious tradition. To deny this is just silly, but many liberals do just that. All you have to do is read the old Testament law, and you will recognize many of the principles embodied in our laws.


Religious belief has certainly been an influence on the laws societies have given themselves throughout history. Partly because the idea of God dictating and enforcing the law gave those laws more authority and weight than just having some people agree on a framework of regulations that everybody would have to abide by henceforth.

We frown upon that concept today and tend to look down on countries and societies that practise a kind of law based on the authority of God rather than on the consent of the governed, but it's certainly part of the tradition of Western countries, too.

The question is just whether we want to use any kind of religious belief as a basis of making laws today. On the topic of marriage, you would get entirely different answers merely by looking at the concept as it exists in various Christian denominations. Mormons, Catholics and Congregationalists, for example, have rather different and contradicting definitions of what constitutes marriage. Should the government, if it wants to represent every citizen, therefore pick the concept as defined by one denomination and ignore all the others?


okie wrote:
And would you please knock off the "phobia" references. That term is utterly ridiculous, although it has made it into common usage. Nevertheless, it is a total and absolute misnomer, not proper usage of the term.


I don't think I've even used the term to refer to a contemporary opposition of gay marriage. No idea what you're objecting to.

I'm sure you're not claiming that homophobia just doesn't exist at all.

You can certainly argue that the moral teachings of "normal" and "abnormal" behaviour - no matter what those teachings might be - don't necessarily instil genuine phobias in a person. If you object to that usage of the term, I'm perfectly fine with referring to those cultural values as a puritan or Victorian world-view.
0 Replies
 
Foxfyre
 
  1  
Reply Fri 15 May, 2009 09:23 am
I don't think the government is discriminating on the basis of sexuality. Except in the four states that have broken with convention--I believe these may be eventually overturned by the SCOTUS--sexuality or sexual orientation is not a factor in the marriage laws. It is specifying the criteria for which the contract is targeted; i.e. specifying that marriage is between a male and a female (judged by society as the best arrangement for rearing of children), not closely related (because that would likely be harmful to any offspring), who are not already married (because the government prohibits bigamy), and who are of legal age (again to protect children.) Otherwise the contract is not discriminatory in any way.

The marriage contract is not accommodating to those who want to marry someone of the same sex but it is also not accommodating to those who want to marry more than one person or those who want to marry somebody younger than 16 or those who want to marry their cousin or neice or whatever. In any number of laws many of us would like to have exceptions made for our preference, but everybody simply can't have it the way they want it and any given law will be inconvenient or impractical for somebody.

If it was protection and benefits wanted by the gay community, they would be pushing for civil unions that would provide those benefits and I think they would have virtually no opposition and would receive a lot of help from the heterosexual community to get that done. Many heterosexuals would also benefit. The fact that they resist civil unions and are demanding to be included in the existing marriage contract suggests an agenda that goes further than simply acheiving equal rights and benefits.
Cycloptichorn
 
  4  
Reply Fri 15 May, 2009 09:31 am
@Foxfyre,
Foxfyre wrote:

I don't think the government is discriminating on the basis of sexuality.


Of course they are. What an insulting thing to write. You really don't believe that gay folks have feelings at all, do you? You see them as lesser beings. Your whole attitude smacks of this, though you will of course protest my accurate description of your thoughts.

Cycloptichorn
georgeob1
 
  1  
Reply Fri 15 May, 2009 09:38 am
@Cycloptichorn,
Cycloptichorn wrote:

Foxfyre wrote:

I don't think the government is discriminating on the basis of sexuality.


Of course they are. What an insulting thing to write. You really don't believe that gay folks have feelings at all, do you? You see them as lesser beings. Your whole attitude smacks of this, though you will of course protest my accurate description of your thoughts.

Cycloptichorn

Irelevant nonsesnse.

So what ! Governments discriminate on the basis of sexuality all the time. Just try to relieve yourself in the Women's rest room of a Federal courthouse and see what happens.

I don't think that Foxfyre is arguing against civil unions among homosexuals, merely that they remain distinct from marriage as we have known it. Such distinctions are common in our law and society.

Should my feelings be hurt because I can't piss in a women's rest room?
cicerone imposter
 
  3  
Reply Fri 15 May, 2009 09:42 am
@georgeob1,
You're pissing in the wind georgeob. Many countries have unisex toilets. Also, there's a huge difference between pissing and marriage. It's comparing apples and kumquats.
wandeljw
 
  3  
Reply Fri 15 May, 2009 09:44 am
@cicerone imposter,
I agree, CI. Gender is not the same as sexuality, anyway.
0 Replies
 
Cycloptichorn
 
  4  
Reply Fri 15 May, 2009 09:58 am
@georgeob1,
georgeob1 wrote:

Should my feelings be hurt because I can't piss in a women's rest room?


George, the analogy only works if you are not provided with a restroom at all. If civil unions existed which granted full and equal rights to gay couples in every way, then your argument would be stronger. The fact is that they do not. Our government does not provide a viable alternative to marriage for gay folks. So it is entirely fair and accurate to say that they do discriminate on the basis of sexuality.

Of course, if you don't think gays have rights/feelings, you would just claim that they could marry a person of the opposite sex like everyone else. But, that's such a callous, heartless thing to say to someone, so indicative of a lack of respect for the feelings of those who are different than one's self, that I really don't want to believe that people would be so intentionally hateful. Yet we see certain voices here voicing it over and over again. It IS hateful; it presumes that the happiness of the person in question is not material whatsoever. It is material. Forming stable and long-lasting relationship bonds is key to progressing in our society and denying people the right to do this based on their sexuality helps none of us; it hurts all of us.

Cycloptichorn
georgeob1
 
  1  
Reply Fri 15 May, 2009 09:59 am
@cicerone imposter,
cicerone imposter wrote:

You're pissing in the wind georgeob. Many countries have unisex toilets. Also, there's a huge difference between pissing and marriage. It's comparing apples and kumquats.


Oh, now I see the logic of it. Governments can make such distinctions sometimes but not at other times. Perfectly clear !
georgeob1
 
  1  
Reply Fri 15 May, 2009 10:04 am
@Cycloptichorn,
Cycloptichorn wrote:

georgeob1 wrote:

Should my feelings be hurt because I can't piss in a women's rest room?


George, the analogy only works if you are not provided with a restroom at all. If civil unions existed which granted full and equal rights to gay couples in every way, then your argument would be stronger. The fact is that they do not. Our government does not provide a viable alternative to marriage for gay folks. So it is entirely fair and accurate to say that they do discriminate on the basis of sexuality.
Cycloptichorn


Under the conditions you posit my argument wouldn't be "stronger", it would be overwhelming ! Moreover, that is exactly the point I am trying to make.

I think you are beating a dead horse. Most of the posters here have already acknowledged the acceptability (to them) of civil unions for homosexual couples.

The issue being disputed here is marriage or whether the society or government can make any distinction at all between the two .

Your riff on "feelings" is merely irrelevant. What if I got up one morning and asserted that my "feelings" would be hurt if I wasn't allowed to use a woman's rest room? Do you think that would or should get me anywhere?
Cycloptichorn
 
  2  
Reply Fri 15 May, 2009 10:11 am
@georgeob1,
Quote:


The issue being disputed here is marriage or whether the society or government can make any distinction at all between the two .


Other Conservatives here are not quite as sure that this is in fact the issue being disputed. But, let's assume it is.

Is separate, in fact, equal? My preference would be for ALL unions to be civil ones, and marriage to be relegated to a religious ceremony with no real legal standing. Practically nothing would change from the government's standpoint or from individual churches at all, who could still perform the marriages they see fit to.

The question that seems to be bugging many Conservatives here is: will they be prevented from discriminating against Gays, or from teaching their kids that Homosexuality is wrong, and that homosexuals are going to burn in hell? Okie and others have clearly indicated that they are worried that they will no longer be allowed to discriminate against gays. If what you claim is true - that the issue of equality is a 'dead horse' - why do we see so many of these worries?

Unlike many here, this topic has a lot of personal relevance to me, as I know many gay couples who would like to marry, but cannot. It was particularly cruel here in CA where the right was dangled in front of them, only to be stripped away by a dedicated and nasty campaign funded primarily by the Mormon church. The concept that people like this, who demonize gays regularly and publicly, would be satisfied with civil unions granting full equality to gays and not argue against it, is farcical. I believe that you are massively understanding the efforts which have been put forth in order to keep gays and lesbians unequal to straights in our society, and that's sad, George.

Quote:

Your riff on "feelings" is merely irrelevant. What if I got up one morning and asserted that my "feelings" would be hurt if I wasn't allowed to use a woman's rest room? Do you think that would or should get me anywhere?


If you can be shown that there is a valid and equal alternative to achieve your goal - elimination of waste in a safe, clean, private environment - then you don't have much of an argument. It isn't about a demand for access to whatever you like, it's about the right to equal consideration by a supposedly neutral entity. The government isn't supposed to care if you are gay or straight and the laws of the nation should fully reflect this.

Cycloptichorn
DontTreadOnMe
 
  1  
Reply Fri 15 May, 2009 10:13 am
@georgeob1,
georgeob1 wrote:

I think you are beating a dead horse. Most of the posters here have already acknowledged the acceptability (to them) of civil unions for homosexual couples.

The issue being disputed here is marriage or whether the society or government can make any distinction at all between the two .

Your riff on "feelings" is merely irrelevant. What if I got up one morning and asserted that my "feelings" would be hurt if I wasn't allowed to use a woman's rest room? Do you think that would or should get me anywhere?


george, i don't know why you keep returning to the "restroom" thing.

you want to kick the feelings of gays to the curb, but i wonder just how you would feel if another person compared your marriage to a toilet?
georgeob1
 
  1  
Reply Fri 15 May, 2009 10:18 am
@DontTreadOnMe,
Your reasoning is a bit deficient this morning. I didn't compare anyone's marriage or civil union to a toilet. Moreover I don't often think much about either toilets or homosexuals as a group (as opposed to individuals) either.

Instead, I noted that governments do indeed make useful distinctions of the kind that you and others here were condemning, and do so all the time. They are commonplace in the world.
cicerone imposter
 
  2  
Reply Fri 15 May, 2009 10:23 am
@georgeob1,
georgeob, It was once against the law for a white person to marry a black. That our government(s) made it illegal doesn't make it right or provides for equal protections under the laws.

You argue quite well for the plight of Palestnians who are denied equal rights. It seems strange to me, at least, that you cannot see the same plight of gays and lesbians who seek equal rights guaranteed by our Constitution.
Foxfyre
 
  1  
Reply Fri 15 May, 2009 10:40 am
@DontTreadOnMe,
DontTreadOnMe wrote:

georgeob1 wrote:

I think you are beating a dead horse. Most of the posters here have already acknowledged the acceptability (to them) of civil unions for homosexual couples.

The issue being disputed here is marriage or whether the society or government can make any distinction at all between the two .

Your riff on "feelings" is merely irrelevant. What if I got up one morning and asserted that my "feelings" would be hurt if I wasn't allowed to use a woman's rest room? Do you think that would or should get me anywhere?


george, i don't know why you keep returning to the "restroom" thing.

you want to kick the feelings of gays to the curb, but i wonder just how you would feel if another person compared your marriage to a toilet?



George wasn't comparing the feelings of gays to anything. However, those on the pro-gay-marriage side continually compare civil unions to segregation. Segregated marriage was discriminatory as it restricted races to marrying those of their own race. It didn't remove the restriction of one man/one woman in marriage however.

As there was no material reason of any kind to discriminate via race, we corrected the unjustifiabile restrictions. Now every man, woman, and child in America is subject to the exact same requirements and restrictions in the marriage contract irrespective of gender. race, nationality, ethnicity, religion, height, weight, eye color, or sexual orientation.

As some, straight or gay, cannot or do not want to meet the requirements written into the marriage contract but do need certain accommodations and protections, I think the vast majority of Americans would approve of a civil union contract by which people could form themselves into recognized family groups that provided those accommodations and protections.

I think if the militant pro-gay-marriage crowd was really interested in having its needs met, that would have already happened in most if not all states and we would be legally recognizing civil unions from other states. As long as the militants are gung ho to change a definition of marriage that has existed for all of recorded history, however, it will be much more difficult to solve the problem.
DontTreadOnMe
 
  2  
Reply Fri 15 May, 2009 10:43 am
@georgeob1,
georgeob1 wrote:

Your reasoning is a bit deficient this morning. I didn't compare anyone's marriage or civil union to a toilet.


of course you are. why else would you bring it up.

but really, you guys have not brought up a single good reason to deny gays the same rights under the constitution that you and i enjoy.

your argument still boils down to, "we don't like it, it's icky".

that's not a good enough reason to deny a fellow american citizen their civil rights.
0 Replies
 
georgeob1
 
  1  
Reply Fri 15 May, 2009 10:53 am
@cicerone imposter,
cicerone imposter wrote:

georgeob, It was once against the law for a white person to marry a black. That our government(s) made it illegal doesn't make it right or provides for equal protections under the laws.
In the first place such marriages were illegal only in some states: others never limited them. In the second place the Constitution of the country then in effect was the same with respect to this issue as it is today. If such actions by states were permissible then, they are now. That public attitudes today have evolved to the point that no state would seriously consider such a restriction, is merely a fact of history. Our democracy reflects the wishes of the majority of our people.

cicerone imposter wrote:
You argue quite well for the plight of Palestnians who are denied equal rights. It seems strange to me, at least, that you cannot see the same plight of gays and lesbians who seek equal rights guaranteed by our Constitution.

You are confusing "equal rights" with justice. They are not identical things. Justice does not compel one to make no distinctions whatever based on fact among people or things. Justice does require fair treatment of people. I don't observe that homosexuals in this country are treated as badly as are Palestinians by Israelis - nor do I believe they should be so treated. However, neither do I believe that I or others should be compelled to pretend there is no meaningful difference between a union of a man and a woman and that between homosexual men or homosexual women. There is nothing perjorative in the distinction - it is merely a fact with meaningful economic and social implications, suitable for government involvement.
Cycloptichorn
 
  1  
Reply Fri 15 May, 2009 10:56 am
@georgeob1,
Quote:
However, neither do I believe that I or others should be compelled to pretend there is no meaningful difference between a union of a man anbd a woman and that between homosexual men or homosexual women.


Perhaps you could explain what that meaningful difference is. And please don't bother with the procreation argument, I'm sure you are well aware that there are a variety of ways for people to acquire children without using their own DNA or bodies to give birth.

Are you willing to admit that many here have indicated that they fear they will be prevented by law from discriminating against gays? And that this inherent desire to keep their right unequal to yours and mine drives much of the resistance to gay marriage?

Cycloptichorn
cicerone imposter
 
  1  
Reply Fri 15 May, 2009 10:59 am
@georgeob1,
So, what's in the word "marriage" that can discriminate against gays and lesbians? It certainly isn't "sanctity" that so many claim, nor that a marriage between a man and a women have objective values over gays and lesbians. If there are, I'd like to hear about them.
0 Replies
 
cicerone imposter
 
  1  
Reply Fri 15 May, 2009 11:00 am
@Cycloptichorn,
Many lesbians have birth children.
0 Replies
 
old europe
 
  1  
Reply Fri 15 May, 2009 11:13 am
@Foxfyre,
Foxfyre wrote:
I don't think the government is discriminating on the basis of sexuality.

Foxfyre wrote:
It is specifying the criteria for which the contract is targeted; i.e. specifying that marriage is between a male and a female (judged by society as the best arrangement for rearing of children)


We've been through this before. It's like saying that prohibition of mixed-race marriages doesn't constitute discrimination based on race.

Your statement is also implying that even a committed same sex couple with a lifelong relationship is a worse arrangement for rearing children than any kind of patchwork family, including partnerships with numerous divorces and remarriages, as long as the two partners are of opposite sex.


Foxfyre wrote:
The marriage contract is not accommodating to those who want to marry someone of the same sex but it is also not accommodating to those who want to marry more than one person or those who want to marry somebody younger than 16 or those who want to marry their cousin or neice or whatever. In any number of laws many of us would like to have exceptions made for our preference, but everybody simply can't have it the way they want it and any given law will be inconvenient or impractical for somebody.


- Nobody wants to add an exception. People just want to have an exception removed.
- The other restrictions you cited are put in place so nobody's rights will be infringed or violated. By allowing same sex marriage, nobody's rights would be violated.


Foxfyre wrote:
If it was protection and benefits wanted by the gay community, they would be pushing for civil unions that would provide those benefits and I think they would have virtually no opposition and would receive a lot of help from the heterosexual community to get that done. Many heterosexuals would also benefit. The fact that they resist civil unions and are demanding to be included in the existing marriage contract suggests an agenda that goes further than simply acheiving equal rights and benefits.


Not my experience with gay or lesbian people. I think your description of a "gay community" that resists civil unions is not supported by reality.

I will say, however, that if people like you have no problem with legalizing civil unions that are absolutely identical to marriage in every aspect, then why do you insist on a different term? Alternatively, if you don't support civil unions that are absolutely identical to marriage in every aspect: what should be the difference, in your opinion?
 

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