Debra Law
 
  1  
Reply Thu 20 Nov, 2008 12:59 am
@BillRM,
BillRM wrote:

Debra I strongly desire you in fact to get your wish concerning the California Courts overturning this amendment as the explosion of outrage not only in California but in the nation as a whole should be enough to block state courts in the future from daring to override the laws and the will of the people on the gay marriage issue for a few generations at least.

The next few months should be interesting both for the future of gay marriages but also for the future and the power of state courts.


The same as hecklers do not have the right to veto speech they disfavor through threats of riot, homophobic bigots do not have the right to veto marriages they disfavor through threats of riot. What are you going to do? Pull a "George Wallace" and block the doors of the court house so gay people can't enter to get marriage licenses?

Because we don't live in a pure democracy, your championship of the "will of the people" is wasted. Like it or not, you can't lynch blacks; you can't suppress free speech; and you can't oppress gay & lesbian minorities. Welcome to America!

Woiyo9
 
  1  
Reply Thu 20 Nov, 2008 07:09 am
Quote:
Quote:

Homosexual marriage is not a legislative matter IMO. It is a social.



Debra Law Says - "Your statement proves that you are ignorant and uneducated. You know little or nothing about the basic principles of our constitutional republic.

The legislative branch of government makes the laws. The LEGAL status of marriage may only be entered into or dissolved in accordance with the law. It is the law that prohibits gay marriage. The right of an individual to marry the person of his/her choice is a fundamental right secured by Constitution against State infringement. Our Constitution prohibits majoritarian oppression of individuals and minorities. Our Constitution, the supreme law of the land, commands that all persons similarly situated must be treated equally. All state laws that violate the manifest tenor of the Constitution are VOID.


Your arrogance is quite disturbing and typical of closed minded individuals who refuse to acknowledge as opposing point of view.

This Nation has long established in spirit and now in law that marriage is defined as between 1 man and 1 woman. Precedent has been set as Utah was prohibited admission into this Union due to it's alternative position on marriage.

That in itself clearly indicates that this Nation has established a social for of marriage as between 1 man and 1 woman.

You are now piss happy that a liberal federal court will once again try to overturn the will of the people. You clowns want to force you point of view into the social makeup of this country and continue to face resistance by the majority.

You should retink your position and accept compromise. The bottom line is this is all about property rights and NOT about "marriage". As a so called "lawyer" you should know that there are techniques to assist in this regard.

BillRM
 
  1  
Reply Thu 20 Nov, 2008 07:10 am
@Debra Law,
Debra I am on your side 100 percent I can only hope that the court will openly slap the faces of the citizens of California in this manner.

I must state however if the shoe was on the other foot and the people had pass an amendment for gay marriages rights and the court was about to throw it out if you would be defending the court right to do so in such a strong manner.

Yes I understand that you are on the side of the gods and anything that will stop the evil stupid people from blocking this new right the court had found for gay marriages is fine with you.

Still I can see you out pounding the sidewalks with anti court signs if the evil court instead of the evil people was blocking gay marriages and it bring a very large smile to my face.

+++++++++++++++++++++++++++++++++++++++++++++++
Let be honest here you do not care what the law is or is not in this matter as long as the end results is a stream of happy gays couples leaving the court houses with married licenses in their hands.
++++++++++++++++++++++++++++++++++++++++++++++

Once more I hope with all my heart you end up with your wish however don’t be surprise if the day after your court ruling there is not another petition drive to restrict the court ability to review ballot amendments and to reinstate the ban on gay marriages.

Second also please Debra try to forgive the evil stupid and bigoted people when that vote is overwhelming this time around as supporters of the ban are join by supporters of the right of the people to amend their constitution.

Good luck.
0 Replies
 
Woiyo9
 
  1  
Reply Thu 20 Nov, 2008 07:23 am
Quote:
Second also please Debra try to forgive the evil stupid and bigoted people when that vote is overwhelming this time around as supporters of the ban are join by supporters of the right of the people to amend their constitution.


So again, if you disagree or have a different point of view, you are labeled as EVIL, STUPID, BIGOTED? Rolling Eyes
flyboy804
 
  1  
Reply Thu 20 Nov, 2008 09:00 am
I'm curious. Are these ads for "Milk" at the bottom of each page by accident or design?
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 09:48 am
@Woiyo9,
Woiyo9 wrote:

Quote:
Second also please Debra try to forgive the evil stupid and bigoted people when that vote is overwhelming this time around as supporters of the ban are join by supporters of the right of the people to amend their constitution.


So again, if you disagree or have a different point of view, you are labeled as EVIL, STUPID, BIGOTED? Rolling Eyes


If you are against allowing gays to marry, you are either evil, stupid, or bigoted. Sounds about right.

Cycloptichorn
Woiyo9
 
  1  
Reply Thu 20 Nov, 2008 09:59 am
@Cycloptichorn,
I see.

So then this discussion is over as your side will as usual refuse to debate and will again stoop to name calling.

Do you realize how silly that make you?
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 10:04 am
@Woiyo9,
Woiyo9 wrote:

I see.

So then this discussion is over as your side will as usual refuse to debate and will again stoop to name calling.

Do you realize how silly that make you?


Who told you we would refuse to debate? Debra is busy knocking people down left and right with legal arguments. I've spent plenty of time destroying the social arguments of bigots, who use the false label of 'tradition' to excuse their discrimination against gays.

I can think that those who are against gay marriage are either dumb or bigoted while simultaneously beating you at debate, woiyo. And that is exactly what this thread has consisted of.

Cycloptichorn
Woiyo9
 
  1  
Reply Thu 20 Nov, 2008 10:14 am
@Cycloptichorn,
You are full of **** as you have not made a convincing argument. So all you are left with is to reduce yourself to the child level and call people names who have an opinion different from yours.

You have not reconciled or argued how homosexuals are being "harassed" as they have exactly the same rights as anyone else relative to property ownership and benefits. Homosexuals are treated equally the same as any 2 individuals who want to live together and acquire property under the tax system.

Your side will never accept the social aspect of the argument and will continue to stomp you little feet and cry like the babies you are.

Face the reality that you have been unable to convince the majority that a change is NEEDED in our social structure to recognize homosexual marriage.

Your side is the losing side on this issue.

Got any new names you want to drop in?
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 10:40 am
@Woiyo9,
Woiyo9 wrote:

You are full of **** as you have not made a convincing argument. So all you are left with is to reduce yourself to the child level and call people names who have an opinion different from yours.

You have not reconciled or argued how homosexuals are being "harassed" as they have exactly the same rights as anyone else relative to property ownership and benefits. Homosexuals are treated equally the same as any 2 individuals who want to live together and acquire property under the tax system.

Your side will never accept the social aspect of the argument and will continue to stomp you little feet and cry like the babies you are.

Face the reality that you have been unable to convince the majority that a change is NEEDED in our social structure to recognize homosexual marriage.

Your side is the losing side on this issue.

Got any new names you want to drop in?


The 'social aspect' is meaningless in questions of Law and Equality. 'Social norms' said that blacks were slaves, that women couldn't own property, that women couldn't vote, that blacks couldn't marry whites, that blacks couldn't vote, I could go on forever.

We were unable to convince majorities of our society that integration was necessary, yet it was still necessary. The courts have stepped in whenever the 'social norms' of society conflict with our core mission of equality and justice for all.

Homosexuals do not have the 'same rights' as everyone else, Okie. There are several aspects of law which discriminate against them. This is an elementary part of the discussion but one which I'm not surprised you are wrong about.

I think you are 100% wrong about 'my side' being the losing side of this issue; and to prove it I would point to the history of gay rights in America. You will note that it has been primarily aimed in one direction - an expansion of their civil rights, as is correct for our society to do. 20 years ago no gay had a civil union or right to marry in any state. Now several states have civil unions and rights to marry for gays. There were no 'hate crime' laws to protect gays from bigots who want to beat them up. Now we have those laws.

This thing is only going one way, Woiyo. The younger generations are far more accepting of others than you bigoted old bastards. In the next few decades you can expect to see an increasing amount of victories by the sides of gay rights activists, as America's Liberal tradition continues to expand.

Just to reiterate from the top - there is no 'social' aspect to this issue. Your opinions on what's right and wrong for others to engage in, when it does not concern or affect you at all, is meaningless. It carries no weight under law. And as we are a nation of laws, and not one of opinions, equality under the law is a higher determiner of the justness of something than the opinion of people in society.

Cycloptichorn
Woiyo9
 
  1  
Reply Thu 20 Nov, 2008 11:15 am
The only discrimination homosexuals "couples" encounter is the inability to file taxes jointly.

Your argument that racial discrimination is similar is a false argument IMO.

A society should decide how to structure itself. Certain Arab Nations seems to be comfortable with men having multiple wives. That is the norm in THEIR society. Should we allow that here? I do not think so.

This Society has been "legislating" morality since it's existence. "Sin Taxes" is the perfect example of that.

Your side needs to justify how this society would be better if we allowed homosexual unions to be called marriage. So far, you have been unable or unwilling to do so.

My suspicion is your are disguising a "monetary" complaint behind emotion and are being dishonest to yourselves.
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 11:35 am
@Woiyo9,
Woiyo9 wrote:

The only discrimination homosexuals "couples" encounter is the inability to file taxes jointly.

Your argument that racial discrimination is similar is a false argument IMO.


That may be your opinion, but it is not in fact a false argument. The civil rights parallels are clear and the law recognizes homosexuals as a valid group; it seems likely that they will uphold their access to the same rights as you and I.

Quote:
A society should decide how to structure itself. Certain Arab Nations seems to be comfortable with men having multiple wives. That is the norm in THEIR society. Should we allow that here?

I do not think so.


Sure, why not? Why do you care? How does it change anything for you if that's the case? If people want to live that way right now, there's nothing stopping them. What's the big deal with slapping a name on it?

Quote:

Your side needs to justify how this society would be better if we allowed homosexual unions to be called marriage. So far, you have been unable or unwilling to do so.


Laughing are you serious?

The arguments of whether or not rights exist for members of societies do not rest upon opinions about whether or not things would be 'better.' They rest upon questions of equality.

I happen to fervently believe, and support, the concept that equality is for everyone and not just for some. Society is best served when we truly realize that equality means equality for everyone. Our society will in fact be bettered by equal application of rights to all.

Cycloptichorn
0 Replies
 
BillRM
 
  1  
Reply Thu 20 Nov, 2008 02:34 pm
@Cycloptichorn,
Yes, Cycloptichorn 62 percent or so of the adult population of the evil state of California should be struck down by god.

Oh sorry the angry god with the lighting bolts are on the other side of this issue.

And yes I know the gay right movement had gotten far by using very uncivil behaviors but I think you are coming to an end of that road.
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 02:55 pm
@BillRM,
BillRM wrote:

Yes, Cycloptichorn 62 percent or so of the adult population of the evil state of California should be struck down by god.

Oh sorry the angry god with the lighting bolts are on the other side of this issue.

And yes I know the gay right movement had gotten far by using very uncivil behaviors but I think you are coming to an end of that road.



Well, only 52 percent voted for the measure. So your first sentence contains a factual error as well as a logical one; I don't wish to see anyone stricken down by 'god.' That's the other side's desire, as you point out in your second sentence.

What 'uncivil' behaviors would you accuse the gay rights movement of engaging in? Please be specific.

Cycloptichorn
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 03:15 pm
@Woiyo9,
Woiyo9 wrote:

Quote:
Quote:

Homosexual marriage is not a legislative matter IMO. It is a social.



Debra Law Says - "Your statement proves that you are ignorant and uneducated. You know little or nothing about the basic principles of our constitutional republic.

The legislative branch of government makes the laws. The LEGAL status of marriage may only be entered into or dissolved in accordance with the law. It is the law that prohibits gay marriage. The right of an individual to marry the person of his/her choice is a fundamental right secured by Constitution against State infringement. Our Constitution prohibits majoritarian oppression of individuals and minorities. Our Constitution, the supreme law of the land, commands that all persons similarly situated must be treated equally. All state laws that violate the manifest tenor of the Constitution are VOID.


Woiyo9 wrote:
Your arrogance is quite disturbing and typical of closed minded individuals who refuse to acknowledge as opposing point of view.


We are a nation of laws. That said, you are entitled to your opinion or "point of view," even if it is uneducated and ignorant. But your uneducated and ignorant opinions are NOT entitled to respect. It's your CHOICE to remain ignorant even when educational materials are readily available for your consumption. Because you refuse to educate yourself concerning our form of government (a constitutional republic) and the basic principles that are embedded into our Constitution, you can expect to be ridiculed for being a dunce. If you want respect for your opinions, then you have to earn it by doing the hard work to educate yourself so that you may espouse INFORMED opinions. Otherwise, your opinions will be dismissed as the rantings of an uninformed bigot.

You are also entitled to choose your own associations (just like gay people are entitled to choose their associations). If you despise gay people in general, or gay couples in particular, you don't have to associate with them. You're not required to invite them to sit at your kitchen table and drink coffee with you or your family. But, in this constitutional republic, you may NOT use the power of the State to oppress gay people through the operation of State laws. Likewise, when gay people combine with other groups of people and become the political majority, they cannot use the power of the State to oppress you. That's the very essense of our nation of laws with the Constitution being the supreme law of the land: Majoritarian oppression of individuals and minorities is forbidden.


Woiyo9 wrote:
This Nation has long established in spirit and now in law that marriage is defined as between 1 man and 1 woman. Precedent has been set as Utah was prohibited admission into this Union due to it's alternative position on marriage.

That in itself clearly indicates that this Nation has established a social for of marriage as between 1 man and 1 woman.

You are now piss happy that a liberal federal court will once again try to overturn the will of the people. You clowns want to force you point of view into the social makeup of this country and continue to face resistance by the majority.

You should retink your position and accept compromise. The bottom line is this is all about property rights and NOT about "marriage". As a so called "lawyer" you should know that there are techniques to assist in this regard.



We're not discussing polygamy (plural marriages) which is denied to ALL; we're discussing monogamy (one marriage) which is supposed to be available to ALL persons similarly situated in accordance with the supreme law of our land, but is denied to SOME persons similarly situated.

Long ago, when a man and a woman married, a woman was stripped of all legal existence separate from her husband and the man was legally the head of the household. That was the "marriage" of yore that resembled, for the sake of analogy, the 18th Century musket.

Here's what Justice Scalia, who wrote the majority opinion in Heller, said about the 18th Century musket:

Quote:
Some have made the argument, bordering on the frivolous, that only those arms in existence in the 18th century are protected by the Second Amendment. We do not interpret constitutional rights that way. Just as the First Amendment protects modern forms of communications, e.g., Reno v. American Civil Liberties Union, 521 U. S. 844, 849 (1997), and the Fourth Amendment applies to modern forms of search, e.g., Kyllo v. United States, 533 U. S. 27, 35-36 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.


DISTRICT OF COLUMBIA et al. v. HELLER
http://laws.findlaw.com/us/000/07-290.html

The Constitution doesn't simply protect those things that existed in the 18th Century. Just like the Constitution protects modern forms of communication and modern forms of bearable arms, the Constitution protects MODERN FAMILIES. As Justice Scalia stated, any argument to the contrary borders on the frivolous.

Modern families do not come in one size fits all; some of our country's modern families consist of gay couples and gay couples and their children. Because these families exist, they have acquired social relations and social obligations and duties, with which government is necessarily required to deal. Look back to what the 19th Century Court said in the Reynolds case:

"Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law. Upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties, with which government is necessarily required to deal."

REYNOLDS v. U.S., 98 U.S. 145 (1878)
http://laws.findlaw.com/us/98/145.html

The State has absolutely NO compelling interest in depriving gay couples of the right to marry and to deprive them and their existing modern day families the same dignity and respect that the State affords to other families. On the contrary, the State has a compelling interest in using our marriage laws to regulate the social relations and obligations and duties of existing gay families in the same manner that it regulates the social relations and obligations and duties of straight families. Establishing two separate but unequal government systems to regulate these families to satisfy YOUR bigotry, prejudice, and intolerance of gay families is UNACCEPTABLE under the core principles of our constitutional republic.

Why do you reserve liberty and justice for yourself, but deny it to others?




0 Replies
 
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 03:58 pm
@BillRM,
BillRM wrote:

Yes, Cycloptichorn 62 percent or so of the adult population of the evil state of California should be struck down by god.

Oh sorry the angry god with the lighting bolts are on the other side of this issue.

And yes I know the gay right movement had gotten far by using very uncivil behaviors but I think you are coming to an end of that road.



It was 62 percent of the state voters who approved the state statute that limited marriage to a man and a woman. That state statute was struck down by the state supreme court as a violation of the state's constitution (the equal protection clause).

In a short period of time, that number DECREASED. It was 52 percent of the state voters who approved a constitutional amendment that limited marriage to a man and a woman.

How do you explain that majoritarian LOSS of support for bigotry, prejudice, and intolerance of a minority?

Your numbers are shrinking. We can chalk that up to the fact that two-thirds of the young people who voted in the election (and who cast their votes against Proposition 8) are far more enlightened and educated than their bigoted elders (who are aging and dying off). In the not so distant future, the young voters of today will be telling their children and their grandchildren about the oppressive days of yore when bigoted dinosaurs roamed the country and used the power of the State to oppress minorities. Those future Americans will be shocked and offended by your conduct. That's your legacy.



0 Replies
 
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 04:19 pm
@Cycloptichorn,
Cycloptichorn wrote:
This thing is only going one way, Woiyo. The younger generations are far more accepting of others than you bigoted old bastards. In the next few decades you can expect to see an increasing amount of victories by the sides of gay rights activists, as America's Liberal tradition continues to expand.


Exactly! We live in the information age. Our young people are no longer isolated and wholly brainwashed by their bigoted elders. They seek out information that is readily available at their fingertips and they embrace diversity. In other words, minorities no longer have to wear the chains of oppression for centuries before progress is made. "We the People" of modern America are casting off ignorance at a much faster pace than our forefathers.

If the bigoted dinosaurs want to retain political power and continue their reign of oppression, they must burn all the books and dismantle the information highway.
Copper Seth
 
  1  
Reply Thu 20 Nov, 2008 04:23 pm
@Debra Law,
Debra - you have proven yourself to be a very intelligent woman and I greatly appreciate you answering my questions. I have to say, you have a compelling argument but there are a few things I still don't understand.

1 - Separation of church and state is NOT found in the 1st amendment, but you've said multiple things about it being there. As I understood it, it was from a letter written by Thomas Jefferson to some church and people commonly misunderstood it as being part of the constitution. Can you clarify this for me?

2 - I understand prop 8 isn't about NY but you are using the assumption that Loving v. Virginia as your basis for same-sex being a "fundamental right." This NY Supreme Court ruling explains, in legal terms why your assumption is not nessecarily correct, how is that not relevant? The point is that this case (Loving v. Virginia) is not a valid argument because the reason marriage was deemed a "fundamental right" is because marriage is needed for the survival of the species. Same sex marriage can not and never will, without scientific aids, produce a child. Therefore, the use of this case would be invalid in defending same sex marriage. I mention this case because it is an unbiased, legal argument against same sex marriage. To say that it is a NY case and, therefore, doesn't apply in CA would be a rejection at the surface level. The arguments in this case should apply in CA as well. I don't know why the CA courts didn't see it this way. Maybe, the attorney's didn't argue this point in court. However, it is a valid argument.
BillRM
 
  1  
Reply Thu 20 Nov, 2008 04:48 pm
@Copper Seth,
Copper Seth it does not matter to gay right supporters that gay relationships can not be the same as heterosexaul relationships for reasones that no human power can change.

They wish the courts and the society as a whole to just pretend otherwise.

Frankly I would not care one way or another except for the fact to honor their wish is to unfairly enrich this group at the expense of everyone else.
BillRM
 
  1  
Reply Thu 20 Nov, 2008 05:20 pm
@Cycloptichorn,
Oh the shame of it all that it was 52 percent instead of 62 percent. My mind pick the 62 percent number out as it was the Florida state vote to block gay marriages instead of the California vote to do the same thing.

In any case it does not matter one way or another as both state amendments pass and should be honor.

0 Replies
 
 

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