Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 05:23 pm
@BillRM,
BillRM wrote:

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.


What a crock of ****. How would this 'enrich' gay and lesbians? What expense does it cost you? Please be very specific.

Both of your arguments are without merit, for marriage is not an institution solely devoted to the raising of children. If we followed your logic, we should deny those straight couples who wish to marry the right to do so, because they are not reproducing and forwarding the species. In fact, there are currently far more children who have no home - in the foster system - than there are parents available to take care of them. Gay couples who took in children who needed a home would be doing society a favor, and dare I say, saving us money simultaneously.

Cycloptichorn
BillRM
 
  1  
Reply Thu 20 Nov, 2008 05:34 pm
@Debra Law,
Information age and younger people indeed sorry but I was on computers networks when they were running at a 300 baud rate.

Met my wife over the CIS network in 1985 as a matter of fact.

Older people are far more likely to be information consumers then younger people and far more likely to able to apply commonsense to an issue no matter what the talking heads on the cable channels or the internet BLOGs are saying.

And the likely reason you lost by a lesser margin this time around is that the presidential election draw less inform voters out to vote not more inform voters and you still lost.
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 05:37 pm
@Copper Seth,
Copper Seth wrote:

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?


I already did. I gave you a link to an 19th Century Supreme Court case that discusses that wall of separation between church and state. In that case, the Court denied religious organizations the right to regulate marriage because it is a CIVIL institution----not a religious one as you alleged--necessarily used by the government to regulate familial relationships, duties, and responsibities.

http://able2know.org/topic/124910-10#post-3480595

Your education STARTS there, if you choose to become an informed citizen. After that, read the Federalist Papers in their entirety. Once a person acquires a thirst for knowledge, the process of educating yourself never ends.


Copper Seth wrote:
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.


Loving v. Virginia, along with a multitude of other sources of information and authority, stands for the principle that the fundamental right to marry (a liberty interest secured by the Constitution) means nothing if an individual is denied the right to marry the irreplaceable person of his/her choice. However, that does not mean that the State cannot legitimately exclude some classes of persons from exercising the fundamental right to marry each other if doing so serves a compelling state interest and the exclusion is narrowly tailored (necessary) to serve that interest. A particular exclusion must succeed or fail on its own merits.

Not all judicial opinions are entitled to respect when the reasons given for a particular holding fail to rationally adhere to our core constitutional principles centering upon liberty and justice for ALL. A few cases that come to mind are Dred Scott, Plessy v. Ferguson, and Bowers v. Hardwick. It was the despicable rationale of the Dred Scott case that spurred the Civil War because our nation's highest court held that free blacks or persons of African descent can never be "citizens" of our country. If people cannot rely on our courts to secure liberty and justice for injured victims of state-sponsored discrimination and oppression, then the fight is taken to the streets--or worse--to the bloody battlefields of war.

Take a look at the unacceptable judicial "rationale" of the Dred Scott case of 1856 that shortly thereafter spurred the Civil War:

DRED SCOTT v. SANDFORD, 60 U.S. 393 (1856)
http://laws.findlaw.com/us/60/393.html

The NY case that you found is not worthy of respect when viewed through the lens of an educated eye. The judge alleges that the State may rationally deprive gay couples of the right to marry because they become parents on purpose, whereas straight couples more often than not have children by accident--and those accidently born children need the security of marriage more than children who are acquired purposefully and raised in stable gay families. How IRRATIONAL is that alleged "rationale" for denying to an entire class of people a fundamental right? The fact that the NY court of appeals chose to diminish and limit the importance of Loving v. Virginia in order to distinguish it and avoid the core constitutional principles upon which it was based does not mean that courts in all other states must do the same.

BillRM
 
  1  
Reply Thu 20 Nov, 2008 05:45 pm
@Cycloptichorn,
Let start with the SS trust fund where both partners benefits are calculated on the top wage earner due to the theory that one of the two is likely to be out of the work force for a time raising children. The trust fund is a zero sum game more for a gay person mean less for everyone else.

Health care and other benefits offer to gay "married" partners by businesses will of course raised their botton line costs and therefore cost the shareholds and the customers of the business in question.

The tax breaks build into our tax codes for married couple will mean that the rest of us will have to pay more one way or another so gay couples can pay less to the government at all levels.

And on and on it go.
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 05:51 pm
@BillRM,
BillRM wrote:

Let start with the SS trust fund where both partners benefits are calculated on the top wage earner due to the theory that one of the two is likely to be out of the work force for a time raising children. The trust fund is a zero sum game more for a gay person mean less for everyone else.


Uh. This is ridiculous. This is completely untrue, to the best of my knowledge, and I would challenge you to provide evidence to show it.
Quote:

Health care and other benefits offer to gay "married" partners by businesses will of course raised their botton line costs and therefore cost the shareholds and the customers of the business in question.


Another false argument; if these gay folks decided to marry people of the opposite sex, as is their right to do, the benefits would rise just the same. You are not showing how the businesses are unduly harmed when their employees marry someone of the same sex, you are showing how they are harmed when any employee gets married and using that as some sort of bastardized argument for limiting the total number of marriages. Not logical in the slightest.
Quote:

The tax breaks build into our tax codes for married couple will mean that the rest of us will have to pay more one way or another so gay couples can pay less to the government at all levels.


That's ridiculous. Once again these same gay couples would be 'costing you money' if they chose to marry a person of the opposite sex. Invalid for the same reason the other argument is.

Quote:
And on and on it go.


No, it doesn't. These are perhaps the worst arguments for how allowing gays to marry would affect others I have ever read, in my life. Truly not a strong attempt. You need to show how these people marrying someone of the same sex provides harm to you in ways ABOVE that which would be provided to you if they married someone of the opposite sex.

My fiancee and I are getting married next year, yes, in a straight marriage. Our joint taxes will be lower than what we paid separately, most likely. Are we 'harming' you by getting married? Hell no. That's a purely ridiculous argument.

Cycloptichorn
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 06:13 pm
@Cycloptichorn,
Cycloptichorn wrote:
My fiancee and I are getting married next year, yes, in a straight marriage. Our joint taxes will be lower than what we paid separately, most likely. Are we 'harming' you by getting married? Hell no. That's a purely ridiculous argument.

Cycloptichorn


Congratulations to you and your fiancee! My husband and I lived together for many years before we applied for a license and were married in a civil ceremony conducted by a local judge. We just celebrated our second anniversary. If we had realized how much happier "being married" to each other makes us as a couple, we would have "tied the knot" a lot sooner!
0 Replies
 
BillRM
 
  1  
Reply Thu 20 Nov, 2008 06:19 pm
@Cycloptichorn,
Oh Cycloptichorn I forgot that of all those happy gay couples with their married licenses in their hands a large percent of them will be hitting the divorce courts over the coming years.

That will make divorce lawyers very happy however it will cost everyone extra for the increase load they will cause to our legal system.
0 Replies
 
Copper Seth
 
  1  
Reply Thu 20 Nov, 2008 06:19 pm
@Debra Law,
Debra. I READ THAT. It still says NOTHING about it "SEPARATION OF CHURCH AND STATE" being IN our constitution.
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 06:24 pm
@BillRM,
BillRM wrote:

Information age and younger people indeed sorry but I was on computers networks when they were running at a 300 baud rate.

Met my wife over the CIS network in 1985 as a matter of fact.

Older people are far more likely to be information consumers then younger people and far more likely to able to apply commonsense to an issue no matter what the talking heads on the cable channels or the internet BLOGs are saying.

And the likely reason you lost by a lesser margin this time around is that the presidential election draw less inform voters out to vote not more inform voters and you still lost.



Perhaps you consumed the fear-mongering "Obama is a Muslim and pals around with terrorists" lies that permeated the information highway, but that does not make all other voters who rejected those lies "uninformed" as you allege.

I'm so glad that you found your irreplaceable spouse to join with you in wedded bliss. Common sense dictates that you would favor other people finding that same happiness. Yet, you reject common sense. You irrationally treat fundamental rights as if they were a rare commodity that must be sparingly doled out to the deserving (YOU), and denied to those you disfavor.

Your appeal to "common sense" needs work. Why do you favor liberty and justice for yourself, but not for others?
Copper Seth
 
  1  
Reply Thu 20 Nov, 2008 06:29 pm
@Debra Law,
And although I don't think I've read it yet on this board, I'm REALLY tired of gay people comparing their plight to that of African Americans who were brought to this country as slaves, were unable to vote or have any political power, denied education, and called property by many is disrespectful. No one is denying homosexual people the right to vote, get an education, etc. It is sickening that they would be so bold as to claim they're on the same plateau
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 06:38 pm
@Copper Seth,
Copper Seth wrote:

Debra. I READ THAT. It still says NOTHING about it "SEPARATION OF CHURCH AND STATE" being IN our constitution.


I can lead a horse to water, but I can't make it drink. If you are unable to discern the meaning of religious clauses of the First Amendment--which is IN our constitution--even when the Supreme Court has tried to explain it to you, over and over and over again in a multitude of cases (with the Reynolds case being one of many), then that reflects an inability or unwillingness on your part to learn. That's not my problem--that's YOUR problem.

Religious organizations do not control marriage nor do they regulate familial relationships, duties, and reponsibilities--the STATE controls marriage and the STATE uses the institution of marriage to regulate familial relationships, duties, and responsibilities. Any attempt to delegate that regulatory power to churches and other religious organizations violates the First Amendment. Understand?
BillRM
 
  1  
Reply Thu 20 Nov, 2008 06:40 pm
@Cycloptichorn,
Well Cycloptichorn I know for a fact that the SS information is true as it had apply to members of my own family. I had however no obligation to do your research for you so go to google or yahoo and take your lazy fingers and hit enter at the search window. Key words suggestion: society security program married couple calculation top wage earner

When you are at google you might also like to find that a surviving spouse or just someone that had been married to a partner for 10 years or more can received benefits from SS at the age of 55 if they are no longer in the work force on the wage record of the dead husband or wife or even a divorce husband and wife as long as it been a 10 years married.

I also know this is a fact as a former co-worker of mine is enjoying a thousand dollars a month after her ex-husband pass away and she let the work force at the age of 59.

Let see try the following key words: society security program married couple survivor benefits.
BillRM
 
  1  
Reply Thu 20 Nov, 2008 06:44 pm
@Cycloptichorn,
When you find that the information concerning the SS program is 100 percent true that I had provided I am sure you will apology to me correct?
0 Replies
 
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 06:44 pm
@Copper Seth,
Copper Seth wrote:

And although I don't think I've read it yet on this board, I'm REALLY tired of gay people comparing their plight to that of African Americans who were brought to this country as slaves, were unable to vote or have any political power, denied education, and called property by many is disrespectful. No one is denying homosexual people the right to vote, get an education, etc. It is sickening that they would be so bold as to claim they're on the same plateau


Oppression is oppression regardless of the form it takes or whom it is directed at. Your argument that the blacks had it far worse than the gays, so the gays should just shut up about it doesn't convince me that your oppression of the gays is acceptable.
0 Replies
 
BillRM
 
  1  
Reply Thu 20 Nov, 2008 06:49 pm
@Cycloptichorn,
If a gay person would exercise his or her right to married someone of the opposite sex then he or she would be cover under the idea that we wish to support relationships that could have children and I would have no problem with it.

The only problem is a moral one in that I would hope that he or she share the information that he or she is gay before marrying.
Debra Law
 
  1  
Reply Thu 20 Nov, 2008 06:59 pm
@BillRM,
BillRM wrote:

If a gay person would exercise his or her right to married someone of the opposite sex then he or she would be cover under the idea that we wish to support relationships that could have children and I would have no problem with it.

The only problem is a moral one in that I would hope that he or she share the information that he or she is gay before marrying.


I couldn't have children--I was "fixed" over a quarter of a century ago to prevent myself from conceiving. Yet, I was allowed to marry my husband. You support my marriage, don't you? Even though my husband and I can't have children? We could adopt, I suppose (but our "advanced" age might disqualify us). Perhaps we can plant my husband's sperm into another woman's egg and get a baby birthed by a surrogate, but noooooo. I don't want to raise any more children--not at my age.

Gay couples can have children--and THEY DO have children--there exist thousands of families headed by gay couples and yet these couples are UNREGULATED by our marriage laws--even though some of those families want to be regulated. We can't accept that, can we? Those damn gays need to be regulated by the government just like the rest of us damn fools. <--- Certainly an argument that you would embrace, right?
Cycloptichorn
 
  1  
Reply Thu 20 Nov, 2008 07:07 pm
@BillRM,
BillRM wrote:

Well Cycloptichorn I know for a fact that the SS information is true as it had apply to members of my own family. I had however no obligation to do your research for you so go to google or yahoo and take your lazy fingers and hit enter at the search window. Key words suggestion: society security program married couple calculation top wage earner

When you are at google you might also like to find that a surviving spouse or just someone that had been married to a partner for 10 years or more can received benefits from SS at the age of 55 if they are no longer in the work force on the wage record of the dead husband or wife or even a divorce husband and wife as long as it been a 10 years married.

I also know this is a fact as a former co-worker of mine is enjoying a thousand dollars a month after her ex-husband pass away and she let the work force at the age of 59.

Let see try the following key words: society security program married couple survivor benefits.



You are under obligation to provide evidence to back up your position, Bill. When someone in an argument makes an affirmative statement, such as 'social security is done like xx...,' that person has a responsibility to either provide proof of their statement's veracity or state that they have no proof. Your anecdotal evidence is not proof of anything, as it doesn't support your claim that SS is structured around women taking time off to raise kids.

Imagine the following conversation -
Quote:

You: The sky in China is actually green, not blue.

Me: Preposterous, I never heard such a thing! Do you have proof?

You: It's not my job to provide proof! Look it up yourself! Use keywords China Green Sky Air Blue blah blah blah...


It is clear that the proponent of a position in an argument - in this case you - has the responsibility to provide evidence to back up your claim. I was unable to find evidence supporting your claim when I searched for it, which I did as a courtesy. I maintain that your argument is terrible and not logically sound in the slightest, and you have provided neither proof (in the form of a link) or further argumentation showing your logic is sound.

If you can provide that information, I'll be happy to address your point at further length. At this point I see no real reason to do so.

Your arguments based on taxation and Social Security are baseless and without merit, and certainly not persuasive in the slightest.

Cycloptichorn
BillRM
 
  1  
Reply Thu 20 Nov, 2008 07:12 pm
@Debra Law,
Debra thousands of gay families having childen in them compare to 10 of millions of straight couples with children. Hell I had not done the research but I would bet you a fairly large amount of money that families with only one adult in it outnumber gay families with children in them.

And once more not all married couples need to have children as a class they are the one producing the children and as a class gays are not.
0 Replies
 
BillRM
 
  1  
Reply Thu 20 Nov, 2008 07:25 pm
@Cycloptichorn,
OK I will do so if you will promise to offer me an apology afterward.

Like gays who wish to enjoy the benefits of married without the need to do the work of raising children you are too lazy to go to a search engine it would seem.

Hell most internet browers have a search engine link on top how damn lazy can you be?
0 Replies
 
BillRM
 
  1  
Reply Thu 20 Nov, 2008 07:57 pm
@Cycloptichorn,
Ok here is your research I am now waiting for your apology.

Still can not belived that you are so lazy.



http://74.125.113.132/search?q=cache:5G-QRYfaeSkJ:www.law.berkeley.edu/faculty/sugarmans/Family%2520Seminar%2520Katina3%2520for%2520website.doc+two+wage+earners+married+couples+society+security+program+calculation&hl=en&ct=clnk&cd=20&gl=us

Under the Social Security retirement benefits plan, the spouse of an insured worker can claim benefits on their own individual account (built from their employment) or on their spouse’s account.155 Although any spouse is eligible for a spousal benefit156, working spouses receive their own benefit or a spousal benefit based on 50% their spouse’s earnings, whichever is greater.157 Spouses who do not work or who contribute less than 20% to the household income are “dually entitled” to receive benefits as a spouse or an individual. However, such spouses will always receive a larger benefit by taking the spousal benefit over their own benefit.158 People like Gina, who earned the same amount as their spouse, will receive no spousal benefit at all.159 This rule “enables a one-earner couple to receive greater Social Security benefits than a two-earner couple who has the same total earnings and who pays the same amount of payroll taxes.”160 This system rewards married couples with very little in terms of Social Security benefits for a second worker’s taxable earnings.161



http://en.wikipedia.org/wiki/Social_Security_(United_States)#Spouse.27s_benefit

Spouse's benefit
Any current spouse is eligible, and divorced or former spouses are eligible generally if the marriage lasts for at least 10 years. (State marriages of same sex couples are not recognized by OASDI for spousal benefits because the federal DOMA law excluded them for federal recognition for federal rights.±) While it is arithmetically possible for one worker to generate spousal benefits for up to five of his/her spouses that he/she may have, each must be in succession after a proper divorce for each after a marriage of at least ten years. Because age 70 is the latest retirement age, and because no state recognizes marriage before teenage years, there are no more than 5 successive spousal benefits in ten-year intervals. This spousal retirement benefit is half the PIA of the worker; this is different from the spousal survivor benefit, which is the full PIA. The benefit is the product of the PIA, times one half, times the early-retirement factor if the spouse is younger than normal retirement age. There is no increase for starting spousal benefits after normal retirement age. This can occur if there is a married couple in which the younger person is the only worker and is more than 5 years younger. Only after the worker applies for retirement benefits may the non-working spouse apply for spousal retirement benefits.

Note that, since the passage of the Senior Citizens' Freedom to Work Act, in 2000, the spouse and children of a worker who has reached normal retirement age can receive benefits on the worker's record whether the worker is receiving benefits or not. Thus a worker can delay retirement without affecting spousal and children's benefits. The worker may have to begin receipt of benefits, to allow the spousal/children's benefits to begin, and then subsequently suspend his/her own benefits in order to continue the postponement of benefits in exchange for an increased benefit amount. [citation needed]


[edit] Widow's benefitsIf a worker covered by Social Security dies, a surviving spouse can receive survivors' benefits. In some instances, survivors' benefits are available even to a divorced spouse. A father or mother with minor or disabled children in his or her care can receive benefits which are not actuarially reduced. The earliest age for a nondisabled widow(er)'s benefit is age 60. The benefit is equal to the worker's full retirement benefit for spouses who are at, or older than, normal retirement age. If the surviving spouse starts benefits before normal retirement age, there is an actuarial reduction. If the worker earned delayed retirement credits by waiting to start benefits after their normal retirement age, the surviving spouse will have those credits
 

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