Posted: February 11, 2004, 1:43 pm
We are still talking about this?
We Know Drama
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No, that's not what I said. If the Supreme Court actually wants to touch this subject and make a definitive ruling on it, then I believe that the federal government has every right to enforce that ruling in the states. Because the supreme court hasn't ruled on this matter, clearly defining where the constitutionality of the subject lies, then the matter is left to the states to decide, based on the votes of their people. It's black letter law, if nothing else.Arborealus wrote:So you are saying the states should be allowed to make laws in violation of the constitution?...I'm a strong believer in state's rights. Looking at the constitution in the way that it was written and established, the rights of the states to determine law for their citizens should take precidence over federal mandates when constitutionality is at issue.
Thanks for bringing that to my attention. I was unaware of the legal bindings to this point. As I said, I didn't have the time to read the last 8 pages of this thread.Archerion wrote:To answer part of your question:
Currently, gay couples do not have the automatic right to make medical, legal, or financial decisions on behalf of their partner should the need arise. They may be denied access to visit their spouse in intensive care units and other hospital departments. Gay and lesbian couples do not have the automatic right to make funeral arrangements, or to assume ownership of property (even jointly owned property) when a partner dies.
Gay couples also lack many of the financial benefits of marriage. They may not have access to their spouses' employee health insurance, retirement or death benefits. They are not eligible for tax breaks heterosexual couples receive, nor are they eligible for insurance discounts which are frequently provided for married couples. Gays and lesbians would like to see same-sex marriages legalized so that they could provide the same type of legal, financial, and emotional security for their loved ones that heterosexual couples currently enjoy.
With the help of an attorney, some of the benefits of legal marriage can be obtained by same-sex couples, but many cannot. A valid will and power of attorney can provide some protection, but this takes time and money, and is subject to challenges from biological family members and the government. Until same-sex couples are allowed to marry, their rights and benefits will not be equal to, or as secure as the rights and benefits granted to heterosexual couples upon marriage.
Furthermore, it is important to note that Massachusetts is soon going to be passing a law allowing gay marriages. However, a legally recognized married gay couple in MA would not be legally recognized in, say, Ohio. As a result, the resolution of the inconsistency between state laws is a matter for the Federal Courts.
That would be the easiest way to get it done, IMO.Ennia wrote:Let the religions keep the freaking word "marriage" as long as we can name every other legal union of 2 humans something else?
just because the rights aren't expressly granted by the constitution does not mean they arent protected. 9th amendment if i'm not mistaken.States can pass laws, such as Massachusetts which would compel the companies to recognize the unions. But until a definitive Constitutional issue comes up, I really don't see how the Fed can assert itself over the wills of the states. Civil rights does constitute a federal issue, however, the rights defined in civil rights clauses don't specifically name these items as guaranteed rights of a person. Nor are they guaranteed rights of a spouce.
I was on the line of thinking at first, but it is monumentally stupid. Think about the trillions of documents, online forms, etc. that use have the options ___single ___ married.Ennia wrote:either I don't quite follow what's going on or something else, but...
And maybe it's just a matter of wording it carefully, Bush wants to make and amendement to constitution defining marriage as a union between man and woman, Kerry is against same sex marriages but is not against civil unions between gays. WTF does that mean?
Maybe we can finally separate marriage and civil unions, just give them both the same legal rights regarding spouses, kids, insurance etc.
Let the religions keep the freaking word "marriage" as long as we can name every other legal union of 2 humans something else?
You are correct sir...Voronwë wrote:just because the rights aren't expressly granted by the constitution does not mean they arent protected. 9th amendment if i'm not mistaken.States can pass laws, such as Massachusetts which would compel the companies to recognize the unions. But until a definitive Constitutional issue comes up, I really don't see how the Fed can assert itself over the wills of the states. Civil rights does constitute a federal issue, however, the rights defined in civil rights clauses don't specifically name these items as guaranteed rights of a person. Nor are they guaranteed rights of a spouce.
thats actually a really good point. the cost alone of implementing a "3rd box" would be huge. I'm not kidding.Midnyte_Ragebringer wrote: Why should married gay couple have to be segregated and singled out by having to check a new third option ____ civil union???
Plus think about the years it would take to replace those documents to add this third option.
They should be able to check ____ married, just like anyone else.
Techically this is already true in practice for heterosexual couples but instead of "marriage and civil unions", they are both "married" just one is a church service and another a civil service.Maybe we can finally separate marriage and civil unions, just give them both the same legal rights regarding spouses, kids, insurance etc.
While that would seem the easiest thing to do, it would mean anyone that was not married in a church are suddenly no longer married.Let the religions keep the freaking word "marriage" as long as we can name every other legal union of 2 humans something else?
Something legal in one state but not in another also touches on the "full faith and credit" section in the main body of the Constitution.Voronwë wrote:just because the rights aren't expressly granted by the constitution does not mean they arent protected. 9th amendment if i'm not mistaken.States can pass laws, such as Massachusetts which would compel the companies to recognize the unions. But until a definitive Constitutional issue comes up, I really don't see how the Fed can assert itself over the wills of the states. Civil rights does constitute a federal issue, however, the rights defined in civil rights clauses don't specifically name these items as guaranteed rights of a person. Nor are they guaranteed rights of a spouce.
Yes, but those rights not expressed in the constitution are left to the discernment of the states, based on the votes of the populous: 10th Amendment.Arborealus wrote:You are correct sir...Voronwë wrote:just because the rights aren't expressly granted by the constitution does not mean they arent protected. 9th amendment if i'm not mistaken.States can pass laws, such as Massachusetts which would compel the companies to recognize the unions. But until a definitive Constitutional issue comes up, I really don't see how the Fed can assert itself over the wills of the states. Civil rights does constitute a federal issue, however, the rights defined in civil rights clauses don't specifically name these items as guaranteed rights of a person. Nor are they guaranteed rights of a spouce.
To the states respectively or to the people...not to the states then the people...ultimately it is our choice what the states shall legislate...Pahreyia wrote:Yes, but those rights not expressed in the constitution are left to the discernment of the states, based on the votes of the populous: 10th Amendment.Arborealus wrote:You are correct sir...Voronwë wrote:just because the rights aren't expressly granted by the constitution does not mean they arent protected. 9th amendment if i'm not mistaken.States can pass laws, such as Massachusetts which would compel the companies to recognize the unions. But until a definitive Constitutional issue comes up, I really don't see how the Fed can assert itself over the wills of the states. Civil rights does constitute a federal issue, however, the rights defined in civil rights clauses don't specifically name these items as guaranteed rights of a person. Nor are they guaranteed rights of a spouce.
Pahreyia wrote: I'd like to clarify that I am not in any way against same sex marriages. I'm merely playing a bit of the devil's advocate and throwing in objections as I see them in hopes of gaining a new understanding of the topic.
See there is the problem. It's ok for you to be intolerant but not someone else?Ennia wrote:ok so the cost of altering thousands of documents past and future is really not worth it, only option is just leave the definition of marriage as it is,
Bush is an idiot, he's right up there with that pharmacists who refused filling a prescription for that raped girl there other day
not sure why you would call me intolerant for calling Bush an idiot.Midnyte_Ragebringer wrote:See there is the problem. It's ok for you to be intolerant but not someone else?Ennia wrote:ok so the cost of altering thousands of documents past and future is really not worth it, only option is just leave the definition of marriage as it is,
Bush is an idiot, he's right up there with that pharmacists who refused filling a prescription for that raped girl there other day
Just because Bush and the majority of American's grew up under religious guidelines doesn't make him an idiot. The fact he doesn't talk like a debating professional doesn't make him an idiot. At the core of his being and when it matters most, he has the character required for someone in the position of President of the United States.
I was a big Clinton basher when he was president, still am really. Not because he got head. Have you seen his wife? I don't blame the man at all. I didn't like him because he was a man who went by polls. His positions waivered along with the polls. I have a hard time respecting that quality in a leader.
Exactly. But we will get there. You'll never have 100% acceptance of anyone, but it will get better.Ennia wrote:those changes take time, it's been only 40-50 years to accept blacks as equals, still an ongoing process too
maybe it'll take another 50 years to accept gays as equal human beings
I agree with the first statement, but not exactly with the second. Yes, it is part of the belief system of some churches and if so, that doesn't need to change within that system. But again, the US is comprised of people from different races, religions, color and sexual orientation so basing a legal right (like marriage) on a religious belief violates the rights for everyone that does not follow the same religion.On the same note Ennia, you can't expect people to instantly accept a change like that. Especially when a great deal of fervent religious believers are being told that it's innately wrong by the laws of God.
Actually, he would disown his son or let him "accidently" fall off of some cliff in some distant land.Xzion wrote:If Bush had a gay son (being that he wouldnt shoot him), his opposition to gay marrige would go away in an instant.
I hate fucking prejudice assholes, and there is no other way to define what someone is who supports a ban on gay marrage.
No, idiot was the right word. We can add a few adjectives before it though, maybe some along the lines of "bastard" or "mindless" or "fundamentalist christian - hey lets make EVERYONE ELSE FUNDAMENTALIST CHRISTIAN" maybe?Ennia wrote:Maybe idiot was a wrong word, it's an insult, but an insult not based on intolerance or discrimination.
He's a wrong person at the wrong place in the wrong time.
/clapI should like to know if taking this old Declaration of Independence, which declares that all men are equal upon principle and making exceptions to it where will it stop. If one man says it does not mean a Negro, why not another say it does not mean some other man?
--Abraham Lincoln
You are correct, however, for the time being, the support necessary to declare this sort of equality is in the hands of the people. Most states would not support an amendment to the laws stating that same sex marriages are to be treated equally as different sex marriages.Lynxe wrote:Pahreyia said:On the same note Ennia, you can't expect people to instantly accept a change like that. Especially when a great deal of fervent religious believers are being told that it's innately wrong by the laws of God.
I agree with the first statement, but not exactly with the second. Yes, it is part of the belief system of some churches and if so, that doesn't need to change within that system. But again, the US is comprised of people from different races, religions, color and sexual orientation so basing a legal right (like marriage) on a religious belief violates the rights for everyone that does not follow the same religion.
It shouldn't hurt him too much. All the polls taken have shown a large majority either agree with Bush or don't care. Only a small percentage of the population consider this a integral issue at this point in time. And while I agree with marriage for gays, I also find it to be a minor issue at this time. But, maybe if I was gay and wanting to marry my boyfriend, I would find it to be a very important issue.Voronwë wrote:
I think this issue will hurt BUsh though. Being in support of the "sanctity of heterosexual marriage" is one thing. Proposing a constitutional amendment to that end is an entirely different matter, and he is most likely going to do that. It will cost him votes. Thankfully.
I really don't get the agner over the Patriot Act. How has your life changed since the Patriot Act? I know mine hasn't. You know why? Bacause I am a law abidding citizen. The only people who should be against the Patriot Act are people who have something hide and people who deep down inside hate America and hope another 9/11 comes sooner than later.Arborealus wrote:Yeah I kinda think its hurting him a bit more than he thought...For almost all the moderates I know this was the final straw...
Course me being a Jeffersonian the Patriot act was it for me...
i heard Tucker Carlson say this on Crossfire the other day i think. I don't think Kerry needs the approval of the "Clinton sector" of the DNC, so it wouldnt be a necessary choice.Midnyte_Ragebringer wrote:Speaking fo this Voro, I have a new theory. What fi Kerry picked Hillary as his vice-prsident. It would assure the Dems of a win and assure the Clintons strangle hold on the Democratic Party.
Oh yeah baby, what do you think?
My litmus test is not my life and how it has been affected...Removal of protected freedom for ANY reason is unacceptable...The act is way too far reaching and has done nothing to increase our security in a real way...Midnyte_Ragebringer wrote:I really don't get the agner over the Patriot Act. How has your life changed since the Patriot Act? I know mine hasn't. You know why? Bacause I am a law abidding citizen. The only people who should be against the Patriot Act are people who have something hide and people who deep down inside hate America and hope another 9/11 comes sooner than later.Arborealus wrote:Yeah I kinda think its hurting him a bit more than he thought...For almost all the moderates I know this was the final straw...
Course me being a Jeffersonian the Patriot act was it for me...
haha, damn fine quote in that sig of yoursArborealus wrote:My litmus test is not my life and how it has been affected...Removal of protected freedom for ANY reason is unacceptable...The act is way too far reaching and has done nothing to increase our security in a real way...Midnyte_Ragebringer wrote:I really don't get the agner over the Patriot Act. How has your life changed since the Patriot Act? I know mine hasn't. You know why? Bacause I am a law abidding citizen. The only people who should be against the Patriot Act are people who have something hide and people who deep down inside hate America and hope another 9/11 comes sooner than later.Arborealus wrote:Yeah I kinda think its hurting him a bit more than he thought...For almost all the moderates I know this was the final straw...
Course me being a Jeffersonian the Patriot act was it for me...
See the Franklin quote in my sig...
What freedoms have been removed?Arborealus wrote:My litmus test is not my life and how it has been affected...Removal of protected freedom for ANY reason is unacceptable...The act is way too far reaching and has done nothing to increase our security in a real way...Midnyte_Ragebringer wrote:I really don't get the agner over the Patriot Act. How has your life changed since the Patriot Act? I know mine hasn't. You know why? Bacause I am a law abidding citizen. The only people who should be against the Patriot Act are people who have something hide and people who deep down inside hate America and hope another 9/11 comes sooner than later.Arborealus wrote:Yeah I kinda think its hurting him a bit more than he thought...For almost all the moderates I know this was the final straw...
Course me being a Jeffersonian the Patriot act was it for me...
See the Franklin quote in my sig...
Excellent point. Right on.Midnyte_Ragebringer wrote:I was on the line of thinking at first, but it is monumentally stupid. Think about the trillions of documents, online forms, etc. that use have the options ___single ___ married.
Why should married gay couple have to be segregated and singled out by having to check a new third option ____ civil union???
Plus think about the years it would take to replace those documents to add this third option.
They should be able to check ____ married, just like anyone else.
Ok lets start with a non-patriot act caseMidnyte_Ragebringer wrote:What freedoms have been removed?Arborealus wrote:My litmus test is not my life and how it has been affected...Removal of protected freedom for ANY reason is unacceptable...The act is way too far reaching and has done nothing to increase our security in a real way...Midnyte_Ragebringer wrote:I really don't get the agner over the Patriot Act. How has your life changed since the Patriot Act? I know mine hasn't. You know why? Bacause I am a law abidding citizen. The only people who should be against the Patriot Act are people who have something hide and people who deep down inside hate America and hope another 9/11 comes sooner than later.Arborealus wrote:Yeah I kinda think its hurting him a bit more than he thought...For almost all the moderates I know this was the final straw...
Course me being a Jeffersonian the Patriot act was it for me...
See the Franklin quote in my sig...
I am aghast...Midnyte_Ragebringer wrote:Arbor, while I understand what you are saying, my point is I want more of this. We are way too liberal these days. Case in point.... that mother fucker who killed that young girl that he kidnapped and was caught on camera doing so. He had been in court 16 times before. With this liberal attitude we have let more criminals go in our judicial system to end up commiting a really bad crime later on because of all the liberal imposed restrictions. I can live with the occassional innocent person being left to rot in jail without an offical charge raised against them if it helps prevent against 9/11's and little girls getting raped and murdered.
Oh please. Because I hold a differing opinion now I have done an injustice? You're ridiculous.Arborealus wrote:I am aghast...Midnyte_Ragebringer wrote:Arbor, while I understand what you are saying, my point is I want more of this. We are way too liberal these days. Case in point.... that mother fucker who killed that young girl that he kidnapped and was caught on camera doing so. He had been in court 16 times before. With this liberal attitude we have let more criminals go in our judicial system to end up commiting a really bad crime later on because of all the liberal imposed restrictions. I can live with the occassional innocent person being left to rot in jail without an offical charge raised against them if it helps prevent against 9/11's and little girls getting raped and murdered.
You do grievous injustice to the 1.6 million who have died defending those rights sir...
Doesn't sound like a bad solution.Earlier this month, the Supreme Judicial Court said it would not be acceptable for the legislature to give homosexuals all the rights and privileges of marriage while calling it by another name. The name itself was important, the court said, because the only point of calling the relationship between two men or two women a "civil union" rather than a "marriage" would be to signify the second-class status of homosexuals.
Justice Martha Sosman, who dissented from the court's decision in Goodridge, noted that giving marriage licenses to gay couples was not the only way to satisfy the majority's objection. "Rather than imbuing the word 'marriage' with constitutional significance," she wrote in a footnote, "there is much to be said for the argument that the secular legal institution, which has gradually come to mean something very different from its original religious counterpart, be given a name that distinguishes it from the religious sacrament of 'marriage.'...The legislature could, rationally and permissibly, decide that the time has come to jettison the term."
Significantly, this solution seemed acceptable to the majority. Chief Justice Margaret Marshall said giving a new name—"civil union," say, or "household partnership"—to a legal arrangement available on an equal basis to homosexuals as well as heterosexuals "might well be rational and permissible."
Such a switch may seem like a word game, but it would reflect an important reality: Civil marriage is not synonymous with "the sacred institution of marriage," which existed long before the state started doling out marriage licenses.
A couple can be married under Jewish law, for example, without being married under civil law, and vice versa. Orthodox Jewish authorities will never recognize a union between two men or two women as a marriage, no matter what paperwork the state agrees to issue.
The state does not own marriage and therefore cannot change it to the liking of this or that interest group. It is astonishing that conservatives, of all people, are so quick to grant the government that kind of power over something they hold sacred.
The Federal Marriage Amendment says, in part, "Marriage in the United States shall consist only of the union of a man and a woman." Taken literally, the amendment forbids religious groups from sanctioning homosexual unions; a minister who officiated at such a ceremony would be violating the Constitution. The absurdity of that scenario suggests how confused our thinking about marriage has become.
At the same time, the amendment's backers insist it would not bar states from granting gay couples all the legal advantages of marriage, so long as the arrangement was not called "marriage." The president himself has said he has no problem with legal provisions that allow gay couples to take care of things like hospital visitation rights, insurance benefits, and inheritance, provided "the sanctity of marriage" is preserved.
The best way to do that is to take marriage—the word as well as the institution—back from the state.
Sun Tzu once said "Choose your friends wisely, but choose your enemies more wisely for it is they you will become most like"Midnyte_Ragebringer wrote:Oh please. Because I hold a differing opinion now I have done an injustice? You're ridiculous.Arborealus wrote:I am aghast...Midnyte_Ragebringer wrote:Arbor, while I understand what you are saying, my point is I want more of this. We are way too liberal these days. Case in point.... that mother fucker who killed that young girl that he kidnapped and was caught on camera doing so. He had been in court 16 times before. With this liberal attitude we have let more criminals go in our judicial system to end up commiting a really bad crime later on because of all the liberal imposed restrictions. I can live with the occassional innocent person being left to rot in jail without an offical charge raised against them if it helps prevent against 9/11's and little girls getting raped and murdered.
You do grievous injustice to the 1.6 million who have died defending those rights sir...
How many innocent people should we be willing to sacrifice? You willing to be the first?I can live with the occassional innocent person being left to rot in jail without an offical charge raised against them if it helps prevent against 9/11's and little girls getting raped and murdered.
Unless it's you. Or your mom. Or dad. Or brother. Or sister. Or spouse. Or son. Or daughter.Midnyte_Ragebringer wrote:I can live with the occassional innocent person being left to rot in jail without an offical charge raised against them