Copper Seth
 
  1  
Reply Mon 17 Nov, 2008 03:32 pm
You keep missing my point. I'm saying what if gay couples were given all the same rights as straight couples, then would it be okay? I realize they are not now, but what if they were...could we use something other than marriage?
Diest TKO
 
  1  
Reply Mon 17 Nov, 2008 03:37 pm
@Copper Seth,
Copper Seth wrote:

You keep missing my point. I'm saying what if gay couples were given all the same rights as straight couples, then would it be okay? I realize they are not now, but what if they were...could we use something other than marriage?


That's called separate but equal, and as you know, this concept has been tested already in our country and found to be unconstitutional. Crating parallel institutions ultimately creates inequality.

No. It would not be okay I wager.

T
K
O
0 Replies
 
Debra Law
 
  1  
Reply Mon 17 Nov, 2008 05:55 pm
@Debra Law,
Debra Law wrote:

Copper Seth wrote:

I wouldt care if the government quit recognizing marriages al together. I don't care about the governments validation of the relationship I have with my fiance. I take part in my relationship for the benefit of myself and my fiance and hopefully one day our children.


The civil institution of marriage is the primary means by which our civil government regulates individual rights and duties with respect to all family units that live within the state. Marriage may only be entered into or dissolved in accordance with civil law. The State has a compelling interest in enforcing your legal duties to your spouse and children to ensure that your future family does not become a burden to the State and the taxpayers.

Maybe someday you and your fiance will have children, but the ability to procreate is NOT a prerequisite to obtaining a marriage license. Your marriage will be valid whether you have children or not. If you could care less about the civil institution of marriage, then why are you engaged to be married? More importantly, why do you think it's within your right to deprive an entire classes of persons of the same right that you reserve for yourself? Do unto others as you would have them do unto you.

Instead of lecturing to me or other people on this board, perhaps you should work on the flaws in your own thought processes that embrace hypocrisy, prejudice, and bigotry. There is something seriously wrong with a person who favors and supports majoritarian oppression of individuals or minorities.



Bill wrote:
Hmm Debra you just prove my point the license is there for the benefit of families with children, even if not all families will contain children.

As a class it is many times more likely that heterosexual will have children inside the family units then gay couples will.

Therefore the right to claim that license and it benefits for gay couples on it face is a great deal less then straight couples.


When I said, "The civil institution of marriage is the primary means by which our civil government regulates individual rights and duties with respect to ALL FAMILY UNITS that live within the state," I said ALL FAMILY UNITS. I also said your marriage is valid whether you have children or not.

Your family unit may consist of yourself and your spouse. If your spouse becomes disabled and cannot support himself, the law does not allow you to evade your duty of support and abandon him at the nearest homeless shelter. When you get married, you acquire the legal duty to support your spouse and to pay for your spouse's necessities (i.e., housing, food, clothes, shoes, medical care, etc.) The State has a compelling interest in making sure that you do not dump your familial duties upon the taxpayers.

There is no merit to your allegation that my post proves your point the license is there for the benefit of families with children because there is absolutely no legal requirement that your marriage produce children.
Debra Law
 
  1  
Reply Mon 17 Nov, 2008 06:17 pm
@Copper Seth,
Copper Seth wrote:

if it violates the constitution, then there should be no arguing whatsoever, just take it to the supreme court. But MANY do not think it violates the constitution and you can argue all you want but there seems to no no clear evidence of such case. Isn't that why we voted instead of using judicial means to settle this case? If you can't accept this, there can be no discussion in the first place anyway


YOU DID VOTE. It was after you voted to enact a statute that discriminated against gay couples that the issue was brought before the courts. The California Supreme Court ruled that the statute violated the equal protection clause of the California Constitution. Because your state organic law does not allow the majority to lawfully oppress the minority, you hateful gay-bashing bastards got together to amend your state constitution. About 52 percent of you voted to write DISCRIMINATION against a disfavored class of people into your organic document. Do you honestly think your dying & decaying breed of homophobes have the right to legalize majoritarian oppression?

Because the ignorant homophobic idiots who voted "yes" for Proposition 8 do not understand that they violated a core tenant of their constitutional republic and that they attempted to REVISE their form of government through an unlawful amendment, it appears the CALIFORNIA Supreme Court will have to smack you idiots down--AGAIN.

BillRM
 
  1  
Reply Mon 17 Nov, 2008 06:20 pm
@Debra Law,
Most married heterosexual couples do end up with children born into and as a direct result of that relationship. Not all but most and currently 80 percent of children are born into that form of relationship in this country.

The state does not need to demand that all such couples have children to set up a system of licensing to cover this form of human relationship that does indeed end up producing the majority of children.

Given that not one gay couple in the history of the human race had produce one child inside their relatiosnhip I see zero point or justice in granting them the same license or the same transfer of benefits and wealth we do to married straight couples.

The two form of relationships are not the same can not be the same and therefore can and should not be treated the same.

The public as a whole have no stake in promoting long term gay relatiosnhips and therefore should not be involve one way or another.

This whole gay married idea on the face of it is PC silliness taken to the n degree.
BillRM
 
  1  
Reply Mon 17 Nov, 2008 06:46 pm
@Debra Law,
The ruling of the California Supreme Court had been over rule by prop 8. Just because you Debra happen to agree with their ruling in this matter does not change the fact that it now been make null and void.

What is even more amusing is that the similar equal protection clause in the US Constitution had never been found to apply to such matters as slavery or the equal rights for women, but somehow the California court had found the California clause applying to gay unions!

In any case it no longer matter as the people of California had exercise their rights and had change their constitution.
Debra Law
 
  1  
Reply Mon 17 Nov, 2008 06:57 pm
@BillRM,
BillRM wrote:

Most married heterosexual couples do end up with children born into and as a direct result of that relationship. Not all but most and currently 80 percent of children are born into that form of relationship in this country.

The state does not need to demand that all such couples have children to set up a system of licensing to cover this form of human relationship that does indeed end up producing the majority of children.

Given that not one gay couple in the history of the human race had produce one child inside their relatiosnhip I see zero point or justice in granting them the same license or the same transfer of benefits and wealth we do to married straight couples.

The two form of relationships are not the same can not be the same and therefore can and should not be treated the same.

The public as a whole have no stake in promoting long term gay relatiosnhips and therefore should not be involve one way or another.

This whole gay married idea on the face of it is PC silliness taken to the n degree.


You fail to understand that the State cannot legally license a FUNDAMENTAL RIGHT and then exclude an entire class of people from obtaining that license unless the exclusion is narrowly tailored to serve a compelling state interest.

The State has no compelling interest in limiting marriage only to opposite sex couples who are capable of biologically producing children. Even if such an outlandish interest existed, State marriage licensing laws are NOT narrowly tailored to serve that alleged interest because state licensing laws have NEVER required people who marry each other to be capable of biologically producing children. Infertile couples have the same right to marry as fertile couples. Couples who do not intent to have children have the same right to marry as those who do. Under the "narrowly tailored" portion of the equal protection analysis, if you're going to exclude gay couples because they cannot biologically produce a child together, then you must also exclude all other couples who cannot biologically produce a child together.

Because the law does not serve a compelling interest and because it is not narrowly tailored to serve any conceivable compelling state interest, it is unconstitutional. Additionally, your flawed reasoning ignores the fact that marriage is NOT necessary for people to copulate or to produce offspring. Thousands of babies are conceived and born out of wedlock everyday. Given modern day divorce rates and the numbers of children born out of wedlock, more than half the children born in this country are being raised in "non-traditional" familial settings.

The fact that many gay couples are entering into long-term relationships and forming families, and many of those gay couples are raising children gives rise to the undeniable truth that the State, by and through State marriage laws, favors "heterosexual" families and disfavors "homosexual" families in violation of our core constitutional tenants.

0 Replies
 
Debra Law
 
  1  
Reply Mon 17 Nov, 2008 07:07 pm
@BillRM,
BillRM wrote:
What is even more amusing is that the similar equal protection clause in the US Constitution had never been found to apply to such matters as slavery or the equal rights for women, but somehow the California court had found the California clause applying to gay unions!


NEVER? What the hell are you talking about? The Thirteenth Amendment abolished slavery; the Fourteenth Amendment prohibits discrimination based on race and gender.

Here's a gender case:

REED v. REED, 404 U.S. 71 (1971)
http://laws.findlaw.com/us/404/71.html

Quote:
A mandatory provision of the Idaho probate code that gives preference to men over women when persons of the same entitlement class apply for appointment as administrator of a decedent's estate is based solely on a discrimination prohibited by and therefore violative of the Equal Protection Clause of the Fourteenth Amendment....

To give a mandatory preference to members of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the Equal Protection Clause of the Fourteenth Amendment; and whatever may be [404 U.S. 71, 77] said as to the positive values of avoiding intrafamily controversy, the choice in this context may not lawfully be mandated solely on the basis of sex.




Copper Seth
 
  1  
Reply Mon 17 Nov, 2008 08:18 pm
The word marriage, was brought about as a religious deal and I think it should be kept that way. I need no government acceptance of my marriage. Even if the government completely abandoned recognition of marriages, I would become married to my fiance through my church. I don't need a law to tell me I can get married. We're skipping the question of whether heterosexual relationships and homosexual relationships are equal and just jumping to the conclusion that they are, and therefore the government must recognize them as so. If you wish to do so, fine. I realize that you take offense at my stance as you believe it wrong. I have not favored "oppression" of individuals. My argument is based upon the merit of the relationships, not the individuals. I never stated that homosexuals should be oppressed or prevented from freely participating in their relationships, or even prevented from being recognized by the government. My argument is simple, to force people to accept two items that are not identical as identical is not fair.
BillRM
 
  1  
Reply Mon 17 Nov, 2008 08:46 pm
@Debra Law,
Debra I was under the impression that you was a lawyer until now.

After reaching for my copy of the constitution I found that I was one off it was indeed the 13 not the 14 that deal with slavery HOWEVER the 14 have zero do with gender rights in fact the part of it that deal with the right to vote for male repeat male inhabitants that are 21 and citizens that had not taken part in rebellion.

And it add that rebels who had taken an oath to honor the constitution before the civil war could not hold public office without a vote of 2/3 of congress.

The last part deal with the federal government refusal to honor the Confederation war debt.

The 19 amendment gave women kind the right to vote.
BillRM
 
  1  
Reply Mon 17 Nov, 2008 09:03 pm
@Debra Law,
Here is a little bit of information on that ruling that you let out for some strange reason. Shame on you Debra.

Classifaction need to be reasonable like the classifaction of men and women who as a group are able to reproduce not being the same a gay couples who can not.


In applying that clause, this Court has consistently recognized that the Fourteenth Amendment does not deny to States the power to treat different classes of persons in different ways. Barbier v. Connolly, 113 U.S. 27 (1885); Lindsley v. Natural Carbonic Gas Co., 220 U.S. 61 (1911); Railway Express Agency v. New York, 336 U.S. 106 (1949); McDonald v. Board of Election Commissioners, 394 U.S. 802 (1969). The Equal Protection Clause of that amendment does, however, deny to States the power to legislate that different treatment be accorded to persons placed by a statute into [404 U.S. 71, 76] different classes on the basis of criteria wholly unrelated to the objective of that statute. A classification "must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstanced shall be treated alike." Royster Guano Co. v. Virginia, 253 U.S. 412, 415 (1920). The question presented by this case, then, is whether a difference in the sex of competing applicants for letters of administration bears a rational relationship to a state objective that is sought to be advanced by the operation of 15-312 and 15-314.

BillRM
 
  1  
Reply Mon 17 Nov, 2008 09:29 pm
@Debra Law,
Debra would you also like to post a ruling of the US Supreme Court ending the ban of open homosexuals serving in the military?

Howabout the military ban on women in combat arms could you point to a ruling of the court disallowing this ban?

Guess the court must consider both of the above reasonable correct Debra?
Copper Seth
 
  1  
Reply Tue 18 Nov, 2008 01:47 am
@Debra Law,
I respect that you know the law, but the constitution is not always interpreted the same way. Many do not see prop 8 being passed as unconstitutional.
Diest TKO
 
  1  
Reply Tue 18 Nov, 2008 01:57 am
@BillRM,
Unless you plan to make procreation licenses, this argument is invalid/irrelevant.

T
K
O
Diest TKO
 
  2  
Reply Tue 18 Nov, 2008 02:00 am
@Copper Seth,
Copper Seth wrote:

The word marriage, was brought about as a religious deal and I think it should be kept that way. I need no government acceptance of my marriage. Even if the government completely abandoned recognition of marriages, I would become married to my fiance through my church. I don't need a law to tell me I can get married. We're skipping the question of whether heterosexual relationships and homosexual relationships are equal and just jumping to the conclusion that they are, and therefore the government must recognize them as so. If you wish to do so, fine. I realize that you take offense at my stance as you believe it wrong. I have not favored "oppression" of individuals. My argument is based upon the merit of the relationships, not the individuals. I never stated that homosexuals should be oppressed or prevented from freely participating in their relationships, or even prevented from being recognized by the government. My argument is simple, to force people to accept two items that are not identical as identical is not fair.

Your statement is blind to the fact that secular people are guaranteed the right to marry. If marriage is a religious ordeal, then making it impossible for gays to marry is now a freedom of religion issue.

Your argument ignores reality.

T
K
O
0 Replies
 
Diest TKO
 
  1  
Reply Tue 18 Nov, 2008 02:01 am
@BillRM,
These are words you'll be eating...
K
O
BillRM
 
  1  
Reply Tue 18 Nov, 2008 12:43 pm
@Diest TKO,
And way would that be TKO? We allow cars to be license on the assumaption that most cars will run if not all on the public highways.

We don't demand proof that a car is in running order to grant a license.

Granting a car license to a rowboat however make as must sense as granting a married license to gay couple because after all not all cars are in running order!
BillRM
 
  1  
Reply Tue 18 Nov, 2008 12:48 pm
@Diest TKO,
TKO could be as you have most of the public opinion makers on your side of the issue of course you don't have the public on your side at the moment as just been proven in CA and my state of Florida.

Oh I love the reports of white gay protesters being so mad at the black community that the black gay protesters are being atack at your rallies.

What can you expert from a movement that started with a three days riot.
0 Replies
 
Debra Law
 
  1  
Reply Tue 18 Nov, 2008 02:49 pm
@Copper Seth,
Copper Seth wrote:

I respect that you know the law, but the constitution is not always interpreted the same way. Many do not see prop 8 being passed as unconstitutional.


Many? Your number is shrinking. With each generation, more and more people understand that majoritarian oppression of "disfavored" classes of people violates the very principles upon which this country was founded. Perhaps you believe that it is "constitutional" to deny gay couples the same fundamental right that you reserve for yourself, but you are wrong. Two-thirds of the people who occupy the younger generation and who cast ballots voted NO on Proposition 8. They understand that the Constitution secures the blessings of liberty and justice for ALL (not just a select group of hate-mongering supremists who erroneously believe that they may impose their irrational and prejudiced views on our entire society through the operation of our laws).

As a dinosaur, your oppressive views have dwindling support and your remaining days as a member of the "ruling" class are numbered.
0 Replies
 
Debra Law
 
  1  
Reply Tue 18 Nov, 2008 03:11 pm
@Copper Seth,
Copper Seth wrote:

The word marriage, was brought about as a religious deal and I think it should be kept that way.


You are wrong. In this country, religious institutions do not control entry into "marriages" or the formation of "families." Marriage is a LEGAL status that may only be entered or dissolved in accordance with CIVIL law. Have you NOT heard of the separation of church and state that is embodied in our First Amendment?

If you "think" our nation's religious organizations ought to regulate familial rights and duties, then it is clear that you do not possess even the most basic knowledge concerning the formation of this country that would allow you to have a rational thought. You may remedy your ignorance through the acquisition of knowledge. Until then, however, your uneducated "thoughts" must be dismissed as lacking all possible credibility.
 

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