5
   

Gay Marriage

 
 
Scrat
 
  1  
Tue 24 Feb, 2004 11:22 pm
kickycan wrote:
What an arrogant little rodent.

Yeah, mine were the arrogant comments. Rolling Eyes Silly me, citing the authors of the Constitution where they wrote to tell us what they meant. What was I thinking?!? Shocked
0 Replies
 
Scrat
 
  1  
Tue 24 Feb, 2004 11:24 pm
joefromchicago wrote:
Scrat wrote:
So the good news is that while you're wrong about me being wrong, you're not wrong in your examples. Either you infer too great a flexibility (outside those enumerated powers) or you misunderstood my point. Cool

I prefer a third alternative: that you're wrong about me being wrong about you being wrong.

Then you simply need to explain how Madison and Hamilton didn't actually mean what they wrote in Federalist 33 and 41. Please share your boundless wisdom with me so that I can understand how I erred in trusting their words on the subject of their words.
0 Replies
 
cicerone imposter
 
  1  
Tue 24 Feb, 2004 11:38 pm
Okay, back to school, kids.
http://www.lawforkids.org/LawDocs/Federalist/Federalist33.cfm
0 Replies
 
Scrat
 
  1  
Tue 24 Feb, 2004 11:46 pm
Lightwizard wrote:
Yet, it is California and those of the same ilk who have volunteered an opinion disagree with Bush and his amendment. They are split on whether the word marriage should be so sanctified as to now allow any citizen to take the wedlock vows. They are not Constitution law authorities so they feel reticent to give a final opinion but they do believe it should be given up to the states and individual religions whether it is allowed or not. Bush's ploy knowing that it may take more than two years to get an amendment passed is to garner the religious right's vote. Too obvious.

I don't agree with amending the constitution to codify marriage as a union between one man and one woman; I don't think it is needed.

BUT everyone seems to be ignoring the fact that Bush said that the decision as to whether or not to allow same-gender unions would be left up to the states. (Which is where it is now, and where it belongs.) Everyone is crying about this amendment "writing discrimination into the Constitution" when that is horseshit. This stupid amendment, if it passes, will (prepare to be shocked and horrified) set into the constitution the definition of a word. (The exact definition that it has now and has had through recorded history, as near as I can tell.)

Now personally, I'd be fine with allowing the meaning of the word to evolve with the times, but if it doesn't, SO WHAT. IT'S A WORD.

So, if this is REALLY about ensuring that people have equal protection under the law, lobby your state to allow for same-gender civil unions and ensure that those unions carry the same rights, privileges, and responsibilities under the law as does marriage in your state, and then sit back and relax. That IS what this is about, right? Heck, take a page from the Mass court and see if you can get your state to rule that such unions MUST be called "marriages". I'm not sure I get that, but hey, if you do, it should guarantee an immediate court challenge to the marriage amendment if it actually comes to be.

Or is this issue just another political football to you people? At the end of the day, do you care about the rights of gays and lesbians (which happens to be where I am on this) or are you just doing your best to twist the issue into something bad for the Bush you love to hate?

Again, I think Bush is wrong on the amendment, but so what? If the Constitution is amended to read that a marriage is something only between one man and one woman, that will not deny a single person a single right in any state. State laws do that, and state laws can (and hopefully will) change that. I hope North Carolina (where I live) will one day allow same-gender unions. And when we do, I hope we are allowed to call them whatever the hell we want. But who cares what we call them, as long as they give these people the same rights, privileges and responsibilities as are available to everyone else. (That's the point, isn't it?)
0 Replies
 
Scrat
 
  1  
Tue 24 Feb, 2004 11:48 pm
cicerone imposter wrote:

Yes, that's one of the two that I cited earlier. Cool
0 Replies
 
cicerone imposter
 
  1  
Tue 24 Feb, 2004 11:52 pm
LW, The real reason Bush is bringing up the issue of marriage for gays and lesbians is very obvious. He can't talk about the economy (them jobs ain't comin), Iraq (we're losing too many of our military and $180 billion of our tax money), or Afghanistan (where's Osama?). Some die-hard repubs and christians will listen and talk about 'he's doing the right thing,' but most of us will not be mislead like everything else from his lips.
0 Replies
 
kickycan
 
  1  
Wed 25 Feb, 2004 12:34 am
Scrat wrote:
kickycan wrote:
What an arrogant little rodent.

Yeah, mine were the arrogant comments. Rolling Eyes Silly me, citing the authors of the Constitution where they wrote to tell us what they meant. What was I thinking?!? Shocked


I wasn't even arguing against your point. It was more your little snide comments, as if you are talking to a bunch of people who couldn't possibly have as much knowledge as you. I bet when you interpret the bible you start out by saying, "I think what God meant to say was . . ." Rolling Eyes

It must be lonely being omniscient.
0 Replies
 
kickycan
 
  1  
Wed 25 Feb, 2004 01:04 am
That being said, now that Bush has come out and said he supports it, what do you think about his wanting to amend the constitution over this issue? I think it reminds me of that stupid amendment that they wanted to add about burning the flag awhile ago. In other words, it's a political football for our leaders to throw around in order to keep people from thinking about issues that might actually affect them.
0 Replies
 
willow tl
 
  1  
Wed 25 Feb, 2004 01:09 am
I prefer being omnipotent...so i can beat up the omniscients...:-)
0 Replies
 
caprice
 
  1  
Wed 25 Feb, 2004 01:50 am
cicerone imposter wrote:
LW, The real reason Bush is bringing up the issue of marriage for gays and lesbians is very obvious. He can't talk about the economy (them jobs ain't comin), Iraq (we're losing too many of our military and $180 billion of our tax money), or Afghanistan (where's Osama?). Some die-hard repubs and christians will listen and talk about 'he's doing the right thing,' but most of us will not be mislead like everything else from his lips.


Good point!
0 Replies
 
Scrat
 
  1  
Wed 25 Feb, 2004 06:51 am
kickycan wrote:
I wasn't even arguing against your point.

Well, how about you stick to arguing the points made here and keep the personal insults to yourself. Okay?
0 Replies
 
blatham
 
  1  
Wed 25 Feb, 2004 09:01 am
Scrat wrote:
Lightwizard wrote:
Yet, it is California and those of the same ilk who have volunteered an opinion disagree with Bush and his amendment. They are split on whether the word marriage should be so sanctified as to now allow any citizen to take the wedlock vows. They are not Constitution law authorities so they feel reticent to give a final opinion but they do believe it should be given up to the states and individual religions whether it is allowed or not. Bush's ploy knowing that it may take more than two years to get an amendment passed is to garner the religious right's vote. Too obvious.

I don't agree with amending the constitution to codify marriage as a union between one man and one woman; I don't think it is needed.

BUT everyone seems to be ignoring the fact that Bush said that the decision as to whether or not to allow same-gender unions would be left up to the states. (Which is where it is now, and where it belongs.) Everyone is crying about this amendment "writing discrimination into the Constitution" when that is horseshit. This stupid amendment, if it passes, will (prepare to be shocked and horrified) set into the constitution the definition of a word. (The exact definition that it has now and has had through recorded history, as near as I can tell.)

Now personally, I'd be fine with allowing the meaning of the word to evolve with the times, but if it doesn't, SO WHAT. IT'S A WORD.

So, if this is REALLY about ensuring that people have equal protection under the law, lobby your state to allow for same-gender civil unions and ensure that those unions carry the same rights, privileges, and responsibilities under the law as does marriage in your state, and then sit back and relax. That IS what this is about, right? Heck, take a page from the Mass court and see if you can get your state to rule that such unions MUST be called "marriages". I'm not sure I get that, but hey, if you do, it should guarantee an immediate court challenge to the marriage amendment if it actually comes to be.

Or is this issue just another political football to you people? At the end of the day, do you care about the rights of gays and lesbians (which happens to be where I am on this) or are you just doing your best to twist the issue into something bad for the Bush you love to hate?

Again, I think Bush is wrong on the amendment, but so what? If the Constitution is amended to read that a marriage is something only between one man and one woman, that will not deny a single person a single right in any state. State laws do that, and state laws can (and hopefully will) change that. I hope North Carolina (where I live) will one day allow same-gender unions. And when we do, I hope we are allowed to call them whatever the hell we want. But who cares what we call them, as long as they give these people the same rights, privileges and responsibilities as are available to everyone else. (That's the point, isn't it?)


scrat
This has been a pleasing enagement. You've thought and argued carefully, digging down with me through the cliches and assumptions. Thank you very kindly.

I think these words will likely be the last I post on this thread.

If you don't yet get the Mass. SC point on 'defining' the term, then this move by Bush and the proposed ammendment itself and the statements coming from those who have initiated or are supporting this ammendment ought to make it quite clear...'separate but equal' is often, if not always, an illusion.

As I've attempted to show, the arguments against homosexual marriage are logically flawed, and transparently so. There are four sorts of arguments advanced:

1) The "It just ain't normal" arguments. The terms which constitute the currency of many of these arguments - 'natural', 'normal', 'traditional' - are logically incoherent or fallacious. Further, though they frequently claim to be buttressed by history and sociology, even quite shallow study shows that they are not.

2) The "Injury to society, to heterosexual couples, to the institution" arguments have no compelling basis in unbiased empirical research.

3) The "It's against the word of God" arguments all, of course, exemplify the 'argument from authority' fallacy.

4) The "a few activist judges are 'redefining' marriage" argument. This is, it's becoming obvious, the marketing strategy for the proposed ammendment, and the talking point handed to supporters about to engage the media. We don't need to address the questions regarding what the proper role of the courts ought to be here. We can simply observe that the same 'redefinition' claim would apply to interracial marriage in Alabama thirty years ago.

Now, when we see a position or argument, which is so consistently faulty in logic, continued to be forwarded, and passionately forwarded, then we have to turn to some explanation for why that is happening. And the explanation is bigotry*.

As regards the proposed ammendment, it is not at all clear that its purpose is merely to maintain the purity of the 'traditional definition' of marriage...
Quote:
But not everyone shares that view. Some conservative scholars who oppose gay unions and some gay scholars who oppose the amendment are arguing that it might effectively block any marital benefits for same-sex couples, no matter what name is used.

A handful of conservatives argue that the sentence defining marriage as heterosexual should preclude any provision of marital benefits to same-sex couples, no matter what the name. A few gay legal advocates contend that future courts might interpret the amendment to block enforcement of any laws conferring benefits on same-sex couples.
http://www.nytimes.com/2004/02/25/politics/25AMEN.html

As the piece above notes, one of the main authors of this ammendment was Robert Bork. Bork believes, and we ought to presume that others behind this bill also believe, that homosexuality is a sin or perversion, and that it ought to be eradicated from society, by means social, political, and judicial.

The Mass. SC said in its decision that "separate but equal" is most often an illusion. Those who are forwarding this ammendment, including the President, clearly do not believe that homosexuality is equal to heterosexuality.

Finally, for several months now (following on the SC finding on sodomy, the Ontario court finding allowing gay marriage, and the Mass. court decision) conservative groups have been pushing the President to state support for such an ammendment. Here and there, they have forthrightly noted the political benefits that they believe will accrue from introducing a clear and polarizing "wedge issue". But many others haven't been quite so honest and forthright, pretending that the election is quite irrelevant.

I'm afraid I find all of this extremely abhorrent. And, worse, it is but one corner of the extremism evident now in the US, reflected in the present administration.


* this is the 9th time blatham has used bigotry in seveal thousand a2k discussions
0 Replies
 
Scrat
 
  1  
Wed 25 Feb, 2004 09:27 am
Blatham - I do "get" the Mass Court's ruling, and I think it fine, but then they are simply stating what they believe the Mass Constitution allows in Mass. As you and I both know, Mass could likewise amend their state Constitution at any time to redefine marriage as Bush wishes to do to the federal Constitution, and doing so would negate the current language of the Mass Constitution and reverse the Mass Court's decision. The fact that X is or is not constitutional at any given time is no bar to amending the constitution to allow for or to ban X. Amendments are extra-Constitutional (for lack of a better term). Since they effectively redefine or add something new to the constitution, they are not bound by it as it existed the split second before the amendment came into being. To argue that we can't amend the constitution to allow women to vote because the constitution doesn't allow women to vote is a non-argument. The same is true here.

As to all positions against same-gender unions being baseless bigotry, I continue unpersuaded. You repeat your statement that no "unbiased empirical research" suggests that these unions would cause harm to society or to children, but I suspect that any research that did suggest this would be labeled biased and ignored, as happens with research that tends to question current global warming dogma.

But again, I am happy to move on and agree to disagree here. I have enjoyed our exchange and appreciated your considered opinions and the courtesy with which you have offered them. These discussions are best when people like you and I find areas of disagreement, but explore them civilly and open-mindedly.

Catch you on another thread... Cool
0 Replies
 
joefromchicago
 
  1  
Wed 25 Feb, 2004 09:52 am
Scrat wrote:
Then you simply need to explain how Madison and Hamilton didn't actually mean what they wrote in Federalist 33 and 41. Please share your boundless wisdom with me so that I can understand how I erred in trusting their words on the subject of their words.

As a reminder, you wrote: "The only flexibility intended was the ability to amend it when needed. If the Constitution were meant to simply be open to new interpretation any time it suited people, what would we need the amendment process for?" This is the post upon which I commented, and it regarded the inflexibility of constitutional interpretation. On that point you were clearly wrong, for the reasons that I mentioned in my post.

Federalist number 33 deals primarily with the "general welfare" clause of the constitution, which was neither the subject of your post nor relevant to my subsequent comments. Federalist number 41, on the other hand, deals primarily with standing armies: your citation of it in this context is, to say the least, bewildering. In short, these sources have no bearing on the question of constitutional "flexibility" and the amendment process.

And that is how you erred.
0 Replies
 
fishin
 
  1  
Wed 25 Feb, 2004 10:48 am
blatham wrote:
The Mass. SC said in its decision that "separate but equal" is most often an illusion. Those who are forwarding this ammendment, including the President, clearly do not believe that homosexuality is equal to heterosexuality.


I'd caution against using the Mass SJC's ruling as any sort of basis for much of anything. The court, in it's two rulings, managed to contradict itself on the question at hand and created a morass of entanglements with it's wording. The Mass SJC itself said that even THEY don't beleive that homosexuality is equeal to hetrosexuality.
0 Replies
 
cicerone imposter
 
  1  
Wed 25 Feb, 2004 11:11 am
blatham, You've identified all the arguments used to discredit same sex marriage by the conservatives and christian right. This president, the "I'm a unifier, and not a divider," has used "fear" for winning the hearts of ignorant people. They continue to buy what he sells, even though the boogy-man in Iraq didn't have all those WMD's that he could sell to terrorists. While the likes of North Korea and Iran has been proven to have those weapons, we continue "political negotiation" with them. How two loving, consenting, same sex adults can destroy the institution of marriage is a mystery to me - like how non-existent WMD's can harm the American People.
0 Replies
 
blueveinedthrobber
 
  1  
Wed 25 Feb, 2004 12:10 pm
Can we get away from this distasteful and divisive argument and start talking about Janet Jackson's tits again please?
0 Replies
 
patiodog
 
  1  
Wed 25 Feb, 2004 12:18 pm
I cannot converse with a man who takes the existence of a second tit for granted.
0 Replies
 
Scrat
 
  1  
Wed 25 Feb, 2004 12:58 pm
joefromchicago wrote:
Scrat wrote:
Then you simply need to explain how Madison and Hamilton didn't actually mean what they wrote in Federalist 33 and 41. Please share your boundless wisdom with me so that I can understand how I erred in trusting their words on the subject of their words.

As a reminder, you wrote: "The only flexibility intended was the ability to amend it when needed. If the Constitution were meant to simply be open to new interpretation any time it suited people, what would we need the amendment process for?" This is the post upon which I commented, and it regarded the inflexibility of constitutional interpretation. On that point you were clearly wrong, for the reasons that I mentioned in my post.

If you choose to quote me selectively, I don't doubt you can make me sound wrong, but that is not all I wrote. The Constitution was written to be flexible enough for the government to adapt methods for carrying out its enumerated powers. My point was that many have suggested and continue to suggest that it was intended to be flexible enough to manufacture new federal powers out of whole cloth (which, sadly, has already been done many times over). My point was that this interpretation is incorrect, and that Hamilton and Madison tell us so in very clear terms.

joefromchicago wrote:
Federalist number 33 deals primarily with the "general welfare" clause of the constitution, which was neither the subject of your post nor relevant to my subsequent comments.

In point of fact, Federalist 33 does not deal with the general welfare clause AT ALL. It deals with the "necessary and proper" clause, as I stated and cited earlier.

joefromchicago wrote:
Federalist number 41, on the other hand, deals primarily with standing armies: your citation of it in this context is, to say the least, bewildering.

Again, you show your penchant for attending only to part of what someone has written or said. If you bother to read through ALL of Federalist 41, you will find that Madison also visits New York State's concerns regarding taxation, and within that context defines in very specific terms what was meant by the "general welfare" clause, defining it as a broad term for which "a specification of the objects alluded to by these general terms immediately follows".

I encourage you to revisit and reread these two documents and get back to me on this. Here are links to each:

"Necessary and Proper" clause: Federalist 33

"General Welfare" clause: Federalist 41
0 Replies
 
blueveinedthrobber
 
  1  
Wed 25 Feb, 2004 04:08 pm
patiodog wrote:
I cannot converse with a man who takes the existence of a second tit for granted.


My preference would be for a third in the middle of the back...you know....for slow dancing....
0 Replies
 
 

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