19
   

Gay Marriage Vote Passes in DC City Council

 
 
Ionus
 
  1  
Reply Wed 9 Dec, 2009 09:28 pm
@Cycloptichorn,
I have news for you, one-eyed-horn, I am not scared of Nazis like you and Di who pretend to be nobly defending everyone. You seem terrified that one day you will wake up and there will be a new cause you dont know about and everyone will accuse you of being sensible. Live in terror....it will happen one day.
0 Replies
 
Brandon9000
 
  1  
Reply Thu 10 Dec, 2009 06:48 am
@Diest TKO,
Diest TKO wrote:

Uh huh. Ram a law down your throat eh? This law that would be rammed down your throat, what would it make you do?

T
K
Oppressing homosexuals and then using democracy as a defense is laughable.



You don't want to let the people decide their own laws. Your laws are passed in back rooms, and when some jurisdiction's voters pass a law against gay marriage, you try to have it nullified. You don't believe in one of the most fundamental rights, the right of the people to determine their own government.
Brandon9000
 
  1  
Reply Thu 10 Dec, 2009 06:49 am
@Cycloptichorn,
Cycloptichorn wrote:

Quote:
I think that the citizens have the right to determine their own government, as opposed to you who want to have every vote you disagree with invalidated by a liberal judge, and every law you agree with passed in a backroom by committee.


Citizens have a right to determine their own government, but not to determine what Equality is. Citizens do not have the right to pass laws which are in contradiction with the Constitution or previous laws.

The real problem for your side, is that it has been conservative judges who are allowing Gay marriage to happen, not liberal ones; because denying rights to gays is inconsistent with Equality, and you know it.

Courts ruling on the legality of items is not a 'suspension of democracy.' The courts are an EQUAL part of our government to the other sections, not a subordinate one; you have a basic misunderstanding of how government works in the US, brought about by your disagreement with how sections of it have made social decisions. Intellectually poor choice on your part.

Cycloptichorn

Show me where in the Constitution is says that marrying your own gender is a right.
Brandon9000
 
  1  
Reply Thu 10 Dec, 2009 06:51 am
@Diest TKO,
Diest TKO wrote:

Good point. The Iowa judges were very conservative.

I just don't understand what standard we are supposed to use here. People like Brandon say we should vote on this, but why this and not everything? A state will pass lots of laws etc, but then the second it's time to fulfill a promise by our government, we are supposed to vote on whether or not we want it?

T
K
O

The people don't need to vote on everything, but committees shouldn't pass laws that are clearly against the will of the people, and if they do, the people should have the right to undo them. When the people have passed laws affirming oppostion to gay marriage, you have supported nullifying their votes. You don't really believe in democracy.
0 Replies
 
Brandon9000
 
  1  
Reply Thu 10 Dec, 2009 06:52 am
@sstainba,
sstainba wrote:

if it really all should be based on popular vote, we should bring a vote to strike the ban on slavery. it probably wouldn't pass, but i bet it would get a lot of support. we should also vote on whether women should drive or not. i'd vote no. (sorry mom).

democracy is a great idea, but in practice, it's not so perfect. the problem is that people with inferior understandings or ethics have just as much say. there are far more under-educated than not. if it were up to a popular vote, scientific progress in this country would be dismantled with a quickness. we would be back in the dark ages.

Yeah, the best goverment is one where a handful of people like you pass the laws against the screaming protests of the citizens. Nice attitude.
0 Replies
 
Diest TKO
 
  2  
Reply Thu 10 Dec, 2009 09:57 am
@Brandon9000,
Brandon9000 wrote:

Diest TKO wrote:

Uh huh. Ram a law down your throat eh? This law that would be rammed down your throat, what would it make you do?

T
K
Oppressing homosexuals and then using democracy as a defense is laughable.



You don't want to let the people decide their own laws. Your laws are passed in back rooms, and when some jurisdiction's voters pass a law against gay marriage, you try to have it nullified. You don't believe in one of the most fundamental rights, the right of the people to determine their own government.

You didn't answer my direct question to you. Why don't you try again. I highlighted it in blue to make it easier to identify.

A law that crosses some division in the population (in this case sexual orientation), must demonstrate that all three actors (homosexuals, heterosexuals, and the state) have an compelling interest in that law being passed. You, nor anyone else has demonstrated why passing laws to exclude homosexuals from marriage benefits any of the three parties.

You are attempting to blur what the will of the people is. For instance, the will of the people may not be to pay some tax, but the will is also to have some service that requires funding. Similarly, with liberty, the will for the people is to live in a country that promotes freedom and equality, so later saying that they don't is not really a declaration of the people's will. Your attempt to label me an enemy of democracy is noted, but ultimately dismissed. My qualm is not with democracy, but rather with the state that dishonors it's obligation to provide equality, something it professes to value.

In all your musing about the people's will, you seem to omit any comment about what is and is not good law, or more importantly what laws could be passed by the will of the people which would create internal conflict with the rest of the constitution.

Ending slavery and women's sufferage were not within the will of the people when their time came. Why should these things have had to wait to pass at the mores of the people? Would they have ever passed? If I am the enemy of democracy for my views on this, then so were those who fought for these things.

T
K
O
Diest TKO
 
  1  
Reply Thu 10 Dec, 2009 09:59 am
@Brandon9000,
Brandon9000 wrote:
Show me where in the Constitution is says that marrying your own gender is a right.

Show me where in the Constitution it says that using a toilet is a right.

We don't right laws as a list of things we can do.

T
K
O
0 Replies
 
Cycloptichorn
 
  3  
Reply Thu 10 Dec, 2009 10:01 am
@Brandon9000,
Quote:

Show me where in the Constitution is says that marrying your own gender is a right.


The Constitution doesn't say you have a right to marry ANYONE. However, it does speak of the pursuit of happiness that all citizens are entitled to.

This was a weak answer on your part. I think you know that you have no real intellectual leg with which to support your opinions here, that the people should be allowed to vote disciriminatory laws into place, or that the legislatures shouldn't be allowed to pass laws that some citizens disagree with.

I think the fact that you are arguing against the idea that the legislature and courts serve as decision-making bodies independent of the people really betrays an ignorance of how our government works, Brandon. We don't live in a Direct Democracy; we live in a Constitutional Republic, in which you are allowed to vote for representatives - who vote for SC judges - who decide the laws. Nothing about judges or legislatures deciding that gay marriage should be legal violates the letter or the spirit of our governmental system; all it does is make people like you afraid and angry.

Cycloptichorn
Thomas
 
  2  
Reply Thu 10 Dec, 2009 10:22 am
@Cycloptichorn,
Cycloptichorn wrote:
The Constitution doesn't say you have a right to marry ANYONE. However, it does speak of the pursuit of happiness that all citizens are entitled to.

No it doesn't. You're confusing it with the Declaration of Independence.

The Constitution, in its Fifth and Fourteenth Amendment, states that the government cannot deprive you of life, liberty, or property without due process of the law. Interpreting these clauses, the Supreme Court has recognized the right to marry as a fundamental part of ones liberty. Accordingly, it reviews any law infringement of that liberty under a starndard of strict scrutiny: It assumes that the law is unconstitutional, and places on the state the burden of proving that the law is narrowly tailored to promote a compelling government interest.
Cycloptichorn
 
  1  
Reply Thu 10 Dec, 2009 10:35 am
@Thomas,
Thomas wrote:

Cycloptichorn wrote:
The Constitution doesn't say you have a right to marry ANYONE. However, it does speak of the pursuit of happiness that all citizens are entitled to.

No it doesn't. You're confusing it with the Declaration of Independence.

The Constitution, in its Fifth and Fourteenth Amendment, states that the government cannot deprive you of life, liberty, or property without due process of the law. Interpreting these clauses, the Supreme Court has recognized the right to marry as a fundamental part of ones liberty. Accordingly, it reviews any law infringement of that liberty under a starndard of strict scrutiny: It assumes that the law is unconstitutional, and places on the state the burden of proving that the law is narrowly tailored to promote a compelling government interest.


Yah, right when I hit 'post' I thought about that, but decided not to change it; bad choice on my part.

Is the right to marry not a fundamental part of gay people's liberty? I wonder how some here would answer.

Cycloptichorn
0 Replies
 
Ionus
 
  -1  
Reply Thu 10 Dec, 2009 02:41 pm
@Diest TKO,
You dare equate yourself with those who fought against slavery ?
0 Replies
 
Ionus
 
  -1  
Reply Thu 10 Dec, 2009 02:44 pm
@Cycloptichorn,
And your reason for dismantling democratic process is it wont do what you want ? How is that different from being a Nazi ?
Cycloptichorn
 
  1  
Reply Thu 10 Dec, 2009 03:27 pm
@Ionus,
Ionus wrote:

And your reason for dismantling democratic process is it wont do what you want ? How is that different from being a Nazi ?


Rolling Eyes

Nobody is 'dismantling' the democratic process. Courts and legislatures deciding upon laws is the democratic process. I submit that those who don't think it is have very little understanding of what the democratic process is.

Cycloptichorn
High Seas
 
  0  
Reply Thu 10 Dec, 2009 03:35 pm
@Cycloptichorn,
Cycloptichorn wrote:
....Nobody is 'dismantling' the democratic process. Courts and legislatures deciding upon laws is the democratic process....


LOL - you may want to double-check that inanity with Jespah (a JD) or at the very least look up the correct text on the rights not explicitly granted to the federal government or to the several states remaining with The People...Smile
Cycloptichorn
 
  1  
Reply Thu 10 Dec, 2009 03:41 pm
@High Seas,
High Seas wrote:

Cycloptichorn wrote:
....Nobody is 'dismantling' the democratic process. Courts and legislatures deciding upon laws is the democratic process....


LOL - you may want to double-check that inanity with Jespah (a JD) or at the very least look up the correct text on the rights not explicitly granted to the federal government or to the several states remaining with The People...Smile


Nothing we have been discussing has anything to do with rights being retained by 'the people' whatsoever. The people of the country have no right to vote on direct legislation whatsoever (outside of such oddities as my state of CA, and look how wonderful THAT has turned out). I would remind you that the original intent of the founding fathers wasn't even for EVERYONE to vote!

Your comment is basically useless - which I suppose is a step up from your usual standards of 'inane' or 'hateful.'

Cycloptichorn
High Seas
 
  -1  
Reply Thu 10 Dec, 2009 03:43 pm
@Cycloptichorn,
Cycloptichorn wrote:

High Seas wrote:

Cycloptichorn wrote:
....Nobody is 'dismantling' the democratic process. Courts and legislatures deciding upon laws is the democratic process....


LOL - you may want to double-check that inanity with Jespah (a JD) or at the very least look up the correct text on the rights not explicitly granted to the federal government or to the several states remaining with The People...Smile



Sorry I laughed, Cycl - I forgot you can't see all that well, and can't see at all with one eye. I'll look up the relevant text for you, since you're obviously incapable of identifying it, and leave you to distinguish between "the people" and your stated alternative "Courts and legislatures deciding upon laws is the democratic process...." (sic)
Cycloptichorn
 
  1  
Reply Thu 10 Dec, 2009 03:47 pm
@High Seas,
High Seas wrote:

Sorry I laughed, Cycl - I forgot you can't see all that well, and can't see at all with one eye. I'll look up the relevant text for you, since you're obviously incapable of identifying it, and leave you to distinguish between "the people" and your stated alternative "legislatures and courts".


It has nothing to do with my vision at all, so that's pretty lame. Instead, I would remind you that the people are given the right to vote for their legislator, who then makes law, which is then interpreted by the courts. At no point are individual citizens granted the right to either create or interpret law.

What country have you been living in all these years? The legislature represents the people in our government... they have the perfect right to pass whatever laws they wish, as long as they do not contradict the Constitution or previous established laws.

Cycloptichorn
Thomas
 
  3  
Reply Thu 10 Dec, 2009 03:54 pm
@Ionus,
Ionus wrote:
And your reason for dismantling democratic process is it wont do what you want ?

What does this have to do with Washington, DC?. Washington's gay marriage initiative comes from the City Council, not the courts. Cycloptichorn supports the city council's decision.
0 Replies
 
High Seas
 
  -1  
Reply Thu 10 Dec, 2009 04:02 pm
@Cycloptichorn,
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Here you go, Cycl - you're still able to recognize the 9th Amendment, right? - read this learned commentary and try to think through it >
Quote:
''The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments. . . . To hold that a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage may be infringed because that right is not guaranteed in so many words by the first eight amendments to the Constitution is to ignore the Ninth Amendment and to give it no effect whatsoever.....

http://caselaw.lp.findlaw.com/data/constitution/amendment09/
> specifically this phrase: "...a right so basic and fundamental and so deep-rooted in our society as the right of privacy in marriage...", and try to grasp by how many orders of magnitude the importance of the one-man-one-woman rule exceeds that of any right to privacy.
Thomas
 
  1  
Reply Thu 10 Dec, 2009 04:05 pm
@Diest TKO,
Diest TKO wrote:
Ending slavery and women's sufferage were not within the will of the people when their time came. Why should these things have had to wait to pass at the mores of the people? Would they have ever passed?

Not only would they have, they did. Slavery was abolished through legislation, through Congress passing the 13th Amendment and the States ratifying it. Before that, the constitution was fine with slavery, as the Supreme Court had correctly decided in Scott v. Sanford (1857).

Similarly, women's suffrage was introduced by the 19th Amendment, not by the courts. Before that, suffragettes who sued for their right to vote on 14th Amendment grounds, lost. Sometimes it's the democratic process that pushes individual rights, and the courts who hold them back.
 

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