21
   

Congratulations Iowa! (only 47 states to go).

 
 
Debra Law
 
  1  
Reply Sat 4 Apr, 2009 02:42 pm
@High Seas,
High Seas wrote:

Cycloptichorn wrote:

What substantive and incisive commentary!

The miracle of brevity is evidently unknown to you, Cyclo, but that's YOUR problem, not mine. You're so clearly unequipped to operate in any quantitative field, where not only brevity, but also ELEGANCE (mathematically speaking) are prized, that I feel sorry for your bride, and tried to come up with an idea for an occupation for you: maybe you can join Brown-Munoz and write psycho-fiction in his version of Spanish, disowned by Spaniards themselves - not that YOU would know the difference Smile


It is ironic that High Seas, who espouses the virtue of brevity, wrote a sentence containing 65 words.
Diest TKO
 
  1  
Reply Sat 4 Apr, 2009 03:48 pm
@Debra Law,
lol.

T
K
O
0 Replies
 
Cycloptichorn
 
  2  
Reply Sat 4 Apr, 2009 04:51 pm
@High Seas,
High Seas wrote:

Cycloptichorn wrote:

What substantive and incisive commentary!

The miracle of brevity is evidently unknown to you, Cyclo, but that's YOUR problem, not mine. You're so clearly unequipped to operate in any quantitative field, where not only brevity, but also ELEGANCE (mathematically speaking) are prized, that I feel sorry for your bride, and tried to come up with an idea for an occupation for you: maybe you can join Brown-Munoz and write psycho-fiction in his version of Spanish, disowned by Spaniards themselves - not that YOU would know the difference Smile


I have no quarrel whatsoever with brevity, but your post lacked relevance. And the word 'elegance,' well. What a workout you must get patting yourself on the back; the word fatuous is far more descriptive of your post than elegant.

Cycloptichorn
0 Replies
 
Brandon9000
 
  1  
Reply Sat 4 Apr, 2009 04:54 pm
@Cycloptichorn,
Cycloptichorn wrote:

Brandon, actions are considered legal unless they are specifically made illegal. You do not need specific permission from the Constitution or other documents to do whatever you like; on the contrary, you need specific language to BAR something from taking place.

The right denied to people of trans-racial marriage and gay marriage, is to marry the person you love. Now I know that's meaningless to a cold-hearted bastard such as yourself; but it isn't meaningless to them or the rest of us.

Cycloptichorn

The court "passed" the law, because the Iowa state constitution doesn't protect gay marriage as they claimed it does. Because the electorate consistently votes this down, your side did an end run around the voters, which, parenthetically, indicates a lack of respect for democracy.
parados
 
  1  
Reply Sat 4 Apr, 2009 04:57 pm
@Brandon9000,
You still haven't read the ruling, have you Brandon?
Brandon9000
 
  1  
Reply Sat 4 Apr, 2009 04:58 pm
@Diest TKO,
Diest TKO wrote:

Brandon9000 wrote:

Diest TKO wrote:

Get educated on the ruling then come back. Don't waste people's time until then Brandon.

T
K
O

In other words, you are unable to refute any of my arguments.

No 9000. The point is that I don't need to waste my time arguing with someone who isn't educated on the ruling. You can say whatever you like here, but it's of no consequence unless it's based on reality.

Why should I waste my time having to correct all the details you have wrong about the history of this and the details you have wrong about the ruling?

Get educated, then come back.

T
K
O

I made an argument, and you countered with, "you don't know what you're talking about," which isn't an argument. Thefore, you forfeit the argument.

My position is that your side has done an end run around the voters because the majority disagrees with you. The court didn't block a law passed by the voters' representatives because it violated the constitution, they blocked the will of the people by pretending that the Constitution says something which it blatantly doesn't say.
Brandon9000
 
  1  
Reply Sat 4 Apr, 2009 05:00 pm
@parados,
parados wrote:

Quote:
and there is no wording in the Iowa State constitution which grants the right to gay marriage.

According to the Iowa Supreme Court, it seems there is such wording in the constitution.

Really, what wording is that, then?
Brandon9000
 
  1  
Reply Sat 4 Apr, 2009 05:01 pm
@parados,
parados wrote:

You still haven't read the ruling, have you Brandon?

If there's some way in which I substantially misrepresented it, which is pertinent, just spit it out.
parados
 
  5  
Reply Sat 4 Apr, 2009 05:10 pm
@Brandon9000,
Quote:
Our equal protection clause requires more than has been
offered to justify the continued existence of the same-sex marriage ban
under the statute.

Quote:
civil marriage must be judged under our constitutional
standards of equal protection

Quote:
We have a constitutional duty to ensure equal protection of the law.
Faithfulness to that duty requires us to hold Iowa’s marriage statute, Iowa
Code section 595.2, violates the Iowa Constitution. To decide otherwise
would be an abdication of our constitutional duty. If gay and lesbian people
must submit to different treatment without an exceedingly persuasive
justification, they are deprived of the benefits of the principle of equal
protection upon which the rule of law is founded. Iowa Code section 595.2
denies gay and lesbian people the equal protection of the law promised by
the Iowa Constitution.32

Quote:
Iowa Code section 595.2 is unconstitutional because the County has
been unable to identify a constitutionally adequate justification for excluding
plaintiffs from the institution of civil marriage.
0 Replies
 
parados
 
  4  
Reply Sat 4 Apr, 2009 05:11 pm
@Brandon9000,
Quote:

If there's some way in which I substantially misrepresented it, which is pertinent, just spit it out.

Quote:

The court "passed" the law, because the Iowa state constitution doesn't protect gay marriage as they claimed it does. Because the electorate consistently votes this down, your side did an end run around the voters, which, parenthetically, indicates a lack of respect for democracy.


The court didn't pass any law. They interpreted existing law and found one to be unconstitutional.
0 Replies
 
mysteryman
 
  1  
Reply Sat 4 Apr, 2009 06:18 pm
@Cycloptichorn,
Would you also say that it is a violation of the "Equal Protection Clause" to not allow unmarried couples the same tax benefits and insurance benefits as married couples?
ebrown p
 
  2  
Reply Sat 4 Apr, 2009 06:54 pm
@mysteryman,
Quote:
Would you also say that it is a violation of the "Equal Protection Clause" to not allow unmarried couples the same tax benefits and insurance benefits as married couples?


That would be a matter for the Court to decide.
0 Replies
 
Diest TKO
 
  1  
Reply Sun 5 Apr, 2009 01:09 am
@Brandon9000,
Brandon9000 wrote:

Diest TKO wrote:

Brandon9000 wrote:

Diest TKO wrote:

Get educated on the ruling then come back. Don't waste people's time until then Brandon.

T
K
O

In other words, you are unable to refute any of my arguments.

No 9000. The point is that I don't need to waste my time arguing with someone who isn't educated on the ruling. You can say whatever you like here, but it's of no consequence unless it's based on reality.

Why should I waste my time having to correct all the details you have wrong about the history of this and the details you have wrong about the ruling?

Get educated, then come back.

T
K
O

I made an argument, and you countered with, "you don't know what you're talking about," which isn't an argument. Thefore, you forfeit the argument.

You didn't make a valid argument though. Your false argument was tailored against things that were incorrect about the ruling and nature of supreme court rulings in general.

It's a waste of my time to get you to the point where you can begin to make your argument. I've forfeited nothing. You haven't even entered the ring yet.

As an example:
Brandon9000 wrote:

You assert that the court didn't take it upon itself to introduce a new law. Very well, find me either:

1. anything in the Iowa Constitution which indicates that there is a right to same sex marriage

or

2. anything in the statute banning gay marriage which grants a right to one group which it denies to another.

Your words show a very juvenile understanding of the EPC, and the test you offer shows that you lack an understanding of the nature of law itself.

You won't find a law with specific language about a Iowa citizen's right to watch pornography either. Laws cannot be tailored as a list of what you CAN do. It would simply be an infinite list. Instead, we define acts that are illegal. The equal protection clause must exist in Iowa's constitution because we live in a republic.

You further go on to embarrass yourself multiple times by referring to the court ruling as creating a new law.

Why would I waste my time on you? You don't have an educated opinion on this matter, and worse, you seem to lack any understanding of how the court works.

I could never get around to making my case to you, because I'd have to dedicate so much time in the beginning (1) correcting your misconceptions about the legal process and (2) reguiding you to what the ruling actually said, not what you THINK it said.

Brandon9000 wrote:

My position is that your side has done an end run around the voters because the majority disagrees with you. The court didn't block a law passed by the voters' representatives because it violated the constitution, they blocked the will of the people by pretending that the Constitution says something which it blatantly doesn't say.

The voters who put this law into effect in 1998 failed to justify how this law could coincide with the EPC. That test was this ruling, the law could not be reconciled in the Iowa court's eyes.

Now, go get educated.

T
K
O
Diest TKO
 
  1  
Reply Sun 5 Apr, 2009 01:14 am
@mysteryman,
mysteryman wrote:

Would you also say that it is a violation of the "Equal Protection Clause" to not allow unmarried couples the same tax benefits and insurance benefits as married couples?

If the status of "married" was only granted to some based on a systemic practice by the government, then yes.

Wait... that sounds really familiar...

T
K
O
0 Replies
 
Brandon9000
 
  1  
Reply Sun 5 Apr, 2009 09:45 am
@Diest TKO,
Diest TKO wrote:

Brandon9000 wrote:

Diest TKO wrote:

Brandon9000 wrote:

Diest TKO wrote:

Get educated on the ruling then come back. Don't waste people's time until then Brandon.

T
K
O

In other words, you are unable to refute any of my arguments.

No 9000. The point is that I don't need to waste my time arguing with someone who isn't educated on the ruling. You can say whatever you like here, but it's of no consequence unless it's based on reality.

Why should I waste my time having to correct all the details you have wrong about the history of this and the details you have wrong about the ruling?

Get educated, then come back.

T
K
O

I made an argument, and you countered with, "you don't know what you're talking about," which isn't an argument. Thefore, you forfeit the argument.

You didn't make a valid argument though. Your false argument was tailored against things that were incorrect about the ruling and nature of supreme court rulings in general.

It's a waste of my time to get you to the point where you can begin to make your argument. I've forfeited nothing. You haven't even entered the ring yet.

As an example:
Brandon9000 wrote:

You assert that the court didn't take it upon itself to introduce a new law. Very well, find me either:

1. anything in the Iowa Constitution which indicates that there is a right to same sex marriage

or

2. anything in the statute banning gay marriage which grants a right to one group which it denies to another.

Your words show a very juvenile understanding of the EPC, and the test you offer shows that you lack an understanding of the nature of law itself.

You won't find a law with specific language about a Iowa citizen's right to watch pornography either. Laws cannot be tailored as a list of what you CAN do. It would simply be an infinite list. Instead, we define acts that are illegal. The equal protection clause must exist in Iowa's constitution because we live in a republic.

You further go on to embarrass yourself multiple times by referring to the court ruling as creating a new law.

Why would I waste my time on you? You don't have an educated opinion on this matter, and worse, you seem to lack any understanding of how the court works.

I could never get around to making my case to you, because I'd have to dedicate so much time in the beginning (1) correcting your misconceptions about the legal process and (2) reguiding you to what the ruling actually said, not what you THINK it said.

Brandon9000 wrote:

My position is that your side has done an end run around the voters because the majority disagrees with you. The court didn't block a law passed by the voters' representatives because it violated the constitution, they blocked the will of the people by pretending that the Constitution says something which it blatantly doesn't say.

The voters who put this law into effect in 1998 failed to justify how this law could coincide with the EPC. That test was this ruling, the law could not be reconciled in the Iowa court's eyes.

Now, go get educated.

T
K
O

First of all, I'll ignore your various comments about me, since they're irrelevant to the question of whether my argument is true or false. Your irrelevant commentary about my shortcomings doesn't impress me and I will confine my discussion to the actual issue. Secondly, I am discussing the question of whether the court identified a conflict between the statute and the Iowa state constitution, or simply rationalized a way to impose their own ethics on Iowa by claiming the constitution says something which it does not, in fact, say. Obviously, I believe the latter to be true.

So, in the end, it's a question of whether a constitutional provision requiring equal protection under the law for all citizens is violated by a ban on same sex marriage. I don't thing the law violated an equal protection requirement, since the law never granted a right to one group but forbade it to another group. Equal protection doesn't mean that if person A can do something that he wishes, person B can do whatever he wishes when they wish different things. In the case of the statute which was struck down by the court, it really boils down to a definition of marriage. Under the statute in question, everyone was allowed to get married to someone of the opposite sex and no one was allowed to get married to someone of the same sex. This is not a case of granting people different privileges. The mere fact that the court made the decision doesn't automatically mean that it's correct.

Your side is simply using a trick to thwart the will of the majority of citizens by pretending that equal protection under the law means something which it doesn't mean. You know that you cannot get your agenda past your fellow citizens, so you do it that way instead.
ehBeth
 
  4  
Reply Sun 5 Apr, 2009 09:51 am
@Brandon9000,
Brandon9000 wrote:
Under the statute in question, everyone was allowed to get married to someone of the opposite sex and no one was allowed to get married to someone of the same sex. This is not a case of granting people different privileges.


The mere fact that this is your opinion doesn't automatically mean that it's correct.
0 Replies
 
Cycloptichorn
 
  4  
Reply Sun 5 Apr, 2009 09:54 am
@Brandon9000,
Quote:
I don't thing the law violated an equal protection requirement, since the law never granted a right to one group but forbade it to another group.


Of course it does! As you've had patiently explained to you: the law as it stood granted straight couples the right to marry who they loved, and denied that right to Gay couples. This is one of the major pillars of 'pursuit of happiness' in our society. How can you state that they were not denied a right which was granted to straight folks?

It's sad to me that you choose to be such a bigot, Brandon. How you could want to deny happiness and stability to others, simply b/c they have a different sexual orientation than yours, is truly beyond me.

Cycloptichorn
0 Replies
 
Debra Law
 
  3  
Reply Sun 5 Apr, 2009 11:01 am
@Brandon9000,
Brandon9000 wrote:
I don't thing the law violated an equal protection requirement, since the law never granted a right to one group but forbade it to another group. . . . Under the statute in question, everyone was allowed to get married to someone of the opposite sex and no one was allowed to get married to someone of the same sex.


Polk County made the same spurious argument. The Iowa Supreme Court considered the argument and rejected it. Perhaps you should read the decision and try to understand the Court's reasoning.
hamburger
 
  2  
Reply Sun 5 Apr, 2009 11:16 am
@Debra Law,
MARRIAGE RULE TO BOOST IOWA ECONOMY
..............................................................................
link to article :
http://www.desmoinesregister.com/article/20090405/NEWS/904050345/1001/NEWS

Quote:
Millions of dollars in tourism and tax revenue could flow into Iowa as a result of the Iowa Supreme Court's historic decision to legalize same-sex marriage, according to a range of scholars and business people.

The unanimous but controversial ruling announced Friday overturned a 10-year-old ban on same-sex marriage and made Iowa the third state where gay marriage is legal.

Iowa counties will begin to grant marriage licenses to same-sex couples as early as this month.

Unlike Connecticut and Massachusetts - the other states that permit gay marriage - Iowa has no nearby competitors for same-sex couples who want to marry.

Businesses could see $160 million in new wedding and tourism spending over the next three years, according to a study from researchers at the University of California at Los Angeles.

"Iowa pretty much has the Midwest all to itself," said Lee Badgett, a University of Massachusetts economist who co-authored the 2008 report. "It's in the middle of a lot of states that have a lot of same-sex couples. It's in a good position."


Quote:
Budget impact for same-sex marriage
The following figures estimate how much money the state will collect per year from same-sex marriages:

- Income tax: $1,254,000
- Inheritance tax: -$1,391,000 (Iowa would lose money because of a marital deduction for state inheritance taxes)
- Sales tax: $2,668,000 (annually for the first three years)
- Public assistance savings: $2,786,000

TOTAL: $5,317,000 net gain

Source: The Williams Institute at the University of California, Los Angeles


so it's good news all around !
hbg
0 Replies
 
Debra Law
 
  2  
Reply Sun 5 Apr, 2009 11:39 am
@Brandon9000,
Brandon9000 wrote:
In the case of the statute which was struck down by the court, it really boils down to a definition of marriage.


Your sentence is FALSE. Constitutional review of a state statute that limits marriage to one man and one woman does NOT boil down to state-sponsored definition of marriage because it's the definition that is being challenged. Therefore your argument is circular and fallacious. In reality, the issue boils down to the PURPOSE of marriage as a CIVIL institution.

Families are the cornerstone of civil society. Marriage is the primary vehicle (CIVIL institution) chosen by the State to regulate individual rights and responsibilities that necessarily arise when two people unite in partnership to form a family unit. In the State of Iowa, there exists more than 5000 families headed by homosexual couples. Under an equal protection clause analysis, the State must explain why it is discriminating against these existing families by denying them the right to participate in the civil institution of marriage. If the State cannot justify the discrimination, then the discrimination is unconstitutional. A bare allegation that the State is not discriminating against these existing families simply because these familities do not match an arbitrary description (or definition) of a family merely begs the substantive question presented.
0 Replies
 
 

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