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Gay marriage debate centers on history vs. change

 
 
BumbleBeeBoogie
 
  1  
Reply Wed 22 Feb, 2006 11:17 am
JB
[quote="J_B This is MA's first post on this thread. What, if anything beyond her beliefs, does this have to do with the SC of NJ hearing a case on tradition vs change? Since this post there has been mighty little discussion about the article and the pending SC decision in NJ. It's been all about MA and her beliefs.[/quote]

JB, thanks for noticing what always happens when a diverter arrives.

BBB Smile
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seaglass
 
  1  
Reply Wed 22 Feb, 2006 11:22 am
BBB

Check this website

www.glad.org

Protections, Benefits and Obligations of Marraige Under Massachusetts and Federal Law: Some Key Provisions of a Work-In-Progress.

A lot of hard work has been done in the State of Massachusetts in a continuing attempt to correct the inequities envolving the gay community at large in regard to gay rights whether it is sexual choice, workplace or marraige.

There is an old Indian adage:

Do not criticize a man until you have walked a
mile in his moccasins.

Sglass
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sozobe
 
  1  
Reply Wed 22 Feb, 2006 11:23 am
I can see that, I guess. Just seems like it's pretty much par for the course. Something gets the discussion started about a hot-button issue with an article or pending court case. Then the discussion becomes about the hot-button issue -- circumcision, or whether all Muslims are evil, or whether gay and lesbian people should have the right to marry...

Anyway, if anyone wants to discuss the original article, excellent, I'm interested.
0 Replies
 
BumbleBeeBoogie
 
  1  
Reply Wed 22 Feb, 2006 11:28 am
seaglasss
seaglass, thanks for the link.

I hope, before I die, that such discrimination will have gone the way of the dodo bird.

BBB
0 Replies
 
JPB
 
  1  
Reply Wed 22 Feb, 2006 11:29 am
Re: Gay marriage debate centers on history vs. change
joefromchicago wrote:
Stephen Henderson wrote:
Opponents say same-sex marriage is - among other things - a historical contradiction. Marriage, they say, has always been between a man and a woman and the laws are written to reflect that.

That argument echoes reasoning that has been proffered time and again to defend such outmoded laws as those that defined wives as the property of their husbands, or that prohibited divorce, or even prevented epileptics and other disabled people from marrying.

"It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. It is still more revolting if the grounds upon which it was laid down have vanished long since, and the rule simply persists from blind imitation of the past." -- Oliver Wendell Holmes


As best I can tell, this post from Joe was the last one on-topic.

Let me pose a question. How much weight should tradition play in the SC's deliberations?
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Arella Mae
 
  1  
Reply Wed 22 Feb, 2006 11:30 am
You know, I have no problem with someone pointing out my mistakes to me. None whatsoever and I will take responsibility for my actions. What I do have a problem with is I seem to be the only one in this thread that is being told that I am taking the focus off the thread. Well, let's see.......

Quote:
She may fumble her words, but BBB would never stand by, while others assault individual rights.

If the one who paid you lip service doesn't really think you are really any different than the rest of the human beings on this earth, why does she deny basic human rights that affect your life?

I know my mode of speaking doesn't engender affection, but I can't bear you to allow a word to let a snake slither up beside you, while a real friend is cast away from you.


Quote:
Lash, thanks for understanding my meaning. We are reminded that some people (who shall remain nameless) always turn every posted issue into one about them to get attention.



Quote:
BBB-- You're welcome.

I just can't stand to see how smoothly some people lie and slither up to people, and as soon as their heads are turned, they get it in the jugular.....or at other sites, where "Christians" gather to judge others' souls...


Quote:
individual attitudes amass to create a social ethic, and yours MA amounts to a heinous regard for your fellow human beans.


Quote:
pissing in the wind is gernerally regarded as futile


Quote:
And, smelly


Quote:
Good luck, DrewDad. I had this very same conversation with MA and it goes nowhere. Pissing in the wind is right, Dys.


Quote:
Only if one has recently eaten asparagus


So, every one of these comments has to do with the topic of this thread? At least there is one person posting in this thread that noticed I have stayed pretty much on topic. It may not be going anywhere but it has been on topic more often than not.
0 Replies
 
Arella Mae
 
  1  
Reply Wed 22 Feb, 2006 11:32 am
And yes, I admit it. That last post definitely was turning the focus. Hopefully, WE can ALL look at ourselves and not others.
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Questioner
 
  1  
Reply Wed 22 Feb, 2006 11:35 am
Let me comment then on the article itself. (sorry that I was a party to the continued disruption of the original thread)

Quote:
One of the key questions for the justices in New Jersey, and for courts all over the nation, is whether the long traditions surrounding marriage trump demands to eliminate eons-old gender restrictions in the name of equality.

As Lash said on page one: Because something's always been this way is no grounds for it's existence. That these traditions may have originated with the church is only of secondary concern in my opinion.

It makes absolutely no sense to allow one group of people the right to marry while denying it to another. None.

Quote:
"It's about a man and a woman, because it's about children, procreation," she said. "Even the Greeks, who were very accepting about homosexuality, never confused it with marriage."


While this may look good to the right-wing religious zealots, it likely does more to damage their cause than support it. The Greek men took 'beloveds' (greek boys taken before their majority, before they had beard growth) as lovers. Which is not something I'd particularly want our society compared to.

At any rate, the article outlines the pros of allowing gay marriage marvelously and to be quite honest, anyone that would vote this law down likely has either a personal or religious agenda.
0 Replies
 
JPB
 
  1  
Reply Wed 22 Feb, 2006 11:52 am
I missed your post, Q and have deleted my last attempt to refocus, thank you.

I agree with you that history and tradition is not a sufficient basis for righting wrongs. I think the NJ case might well be a groundbreaking case. I'm not familiar with the particulars in Massachusettes and how same-sex marriage became law there.

Question to those who might know... Did same-sex marriage become legal in Massachusettes through a SC decision or directly from legislative acts?

I know in Vt the SC insisted the legislature create 'something' and civil unions were the result. I'm not sure what happened in Massachusettes.
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BumbleBeeBoogie
 
  1  
Reply Wed 22 Feb, 2006 11:58 am
JB
J_B wrote:
I missed your post, Q and have deleted my last attempt to refocus, thank you.

I agree with you that history and tradition is not a sufficient basis for righting wrongs. I think the NJ case might well be a groundbreaking case. I'm not familiar with the particulars in Massachusettes and how same-sex marriage became law there.

Question to those who might know... Did same-sex marriage become legal in Massachusettes through a SC decision or directly from legislative acts?

I know in Vt the SC insisted the legislature create 'something' and civil unions were the result. I'm not sure what happened in Massachusettes.


JB, the following info should answer your questions:

http://www.lawlib.state.ma.us/gaymarriage.html
0 Replies
 
Questioner
 
  1  
Reply Wed 22 Feb, 2006 11:59 am
J_B wrote:
IQuestion to those who might know... Did same-sex marriage become legal in Massachusettes through a SC decision or directly from legislative acts?


wikipedia wrote:
Massachusetts normally has a three-day waiting period before issuing marriage licenses, but many couples obtained waivers of the waiting period in order to be wed on May 17. Among these were the seven couples who were party to the lawsuit that led to the legalization of same-sex marriage, including Julie Goodridge and Hillary Goodridge, who were the first to apply for a license in Boston and whose eight-year old daughter Annie was their ringbearer and flower girl at their wedding at the Unitarian Universalist Association of Boston.


It was a SC case, Goodridge v. Department of Public Health. Ruled on November 18th, 2003.
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JPB
 
  1  
Reply Wed 22 Feb, 2006 12:06 pm
Thanks BBB and Questioner, from the Massachusette decision
Quote:
MARSHALL, C.J. Marriage is a vital social institution. The exclusive commitment of two individuals to each other nurtures love and mutual support; it brings stability to our society. For those who choose to marry, and for their children, marriage provides an abundance of legal, financial, and social benefits. In return it imposes weighty legal, financial, and social obligations. The question before us is whether, consistent with the Massachusetts Constitution, the Commonwealth may deny the protections, benefits, and obligations conferred by civil marriage to two individuals of the same sex who wish to marry. We conclude that it may not. The Massachusetts Constitution affirms the dignity and equality of all individuals. It forbids the creation of second-class citizens. In reaching our conclusion we have given full deference to the arguments made by the Commonwealth. But it has failed to identify any constitutionally adequate reason for denying civil marriage to same-sex couples.


Let's hope the SC of NJ is looking at precedent!
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Lash
 
  1  
Reply Wed 22 Feb, 2006 06:51 pm
Momma Angel wrote:

J_B,

No, Jesus did not discriminate. But, He also did not tell people that what God considers a sin is ok to do.

Nobody asked you to screw a woman. Rolling Eyes Rolling Eyes Rolling Eyes Rolling Eyes Rolling Eyes
What others do is betweeen them and their G/god, if they have one.

You aren't God, even though it's obvious you mistake yourself for Him.

When he saved a prostitute from society's ritual murder, did He become a prostitute?
0 Replies
 
Chumly
 
  1  
Reply Wed 22 Feb, 2006 07:56 pm
Re: seaglasss
BumbleBeeBoogie wrote:
seaglass, thanks for the link.

I hope, before I die, that such discrimination will have gone the way of the dodo bird.

BBB
Move to Canada and bicker with the French instead, it's more entertaining!
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joefromchicago
 
  1  
Reply Thu 23 Feb, 2006 08:59 am
It should be noted that the dissenters in Goodridge v. Dept. of Public Health (.pdf) did not rely on a historical argument to defend "traditional" marriage. Instead, they emphasized the state's interest in supporting marriage as an adjunct to procreation and child-rearing. Summing up, they stated:
    As long as marriage is limited to opposite-sex couples who can at least theoretically procreate, society is able to communicate a consistent message to its citizens that marriage is a (normatively) necessary part of their procreative endeavor; that if they are to procreate, then society has endorsed the institution of marriage as the environment for it and for the subsequent rearing of their children; and that benefits are available explicitly to create a supportive and conducive atmosphere for those purposes. If society proceeds similarly to recognize marriages between same-sex couples who cannot procreate, it could be perceived as an abandonment of this claim, and might result in the mistaken view that civil marriage has little to do with procreation: just as the potential of procreation would not be necessary for a marriage to be valid, marriage would not be necessary for optimal procreation and child rearing to occur. In essence, the Legislature could conclude that the consequence of such a policy shift would be a diminution in society's ability to steer the acts of procreation and child rearing into their most optimal setting.

The state, in other words, has an interest in seeing that kids are raised in families that have both a mother and a father (even though, as the dissent admits, Massachusetts allows both gay couples and single persons to adopt children).
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Thomas
 
  1  
Reply Thu 23 Feb, 2006 09:10 am
Momma Angel wrote:
I feel like I am beating my friggin head against a brick wall!

Since that doesn't stop you from continuing, I must conclude that you like beating your head against a brick wall, frigging or not. So what are you complaining about?
0 Replies
 
JPB
 
  1  
Reply Thu 23 Feb, 2006 09:18 am
joefromchicago wrote:

The state, in other words, has an interest in seeing that kids are raised in families that have both a mother and a father (even though, as the dissent admits, Massachusetts allows both gay couples and single persons to adopt children).


Which, to me, is an obvious contradiction to the point of the dissent.
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BumbleBeeBoogie
 
  1  
Reply Thu 23 Feb, 2006 09:20 am
BBB
Do we have to cling to the ancient notion that the purpose of marriage is to procreate?

We already have too much procreation going on. The planet's resources and the population count are meeting a critical point.

BBB
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DrewDad
 
  1  
Reply Thu 23 Feb, 2006 09:30 am
Exactly. The next step in legislating morality is to criminalize procreation out of wedlock.

Oops. That's right after they criminalize birth control like they're trying to do in North Dakota. (Or is it South Dakota?) One of those God-forsaken plains states....
0 Replies
 
Thomas
 
  1  
Reply Thu 23 Feb, 2006 09:34 am
Re: BBB
BumbleBeeBoogie wrote:
Do we have to cling to the ancient notion that the purpose of marriage is to procreate?

No, you don't have to, and no party to the New Jersey case has claimed that you do. The question now before the New Jersey Supreme Court is deciding whether the laws must be changed, whether the state must abandon "the ancient notion that the purpose of marriage is to procreate", as you put it.

On a slight tangent -- I am shocked and awed to realize that the people in this thread can discuss the New Jersey case, and the questions it raises, without any reference to the case itself. I utterly lack that talent. If there are lurkers here who lack it too, the case is Lewis v. Harris. A cornucopia of resources about the case is compiled on this website:

http://www.lambdalegal.org/cgi-bin/iowa/cases/record?record=179

BumbleBeeBoogie wrote:
We already have too much procreation going on. The planet's resources and the population count are meeting a critical point.BBB

That is a long-refuted canard, peddled by people whose track record abounds with predictions of doom that were confident, graphic, and wrong. I feel enormously tempted to dwell on the point, but will heroically resist.
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