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US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 22:29:43


Post by: whembly


Very surprised that the SC is taking up this case... and happily so!

Here's the case:
http://www.supremecourt.gov/orders/courtorders/011615zr_f2q3.pdf

The cases are consolidated and the petitions for writs of certiorari are granted limited to the following questions: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage
between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

A total of ninety minutes is allotted for oral argument on Question 1. A total of one hour is allotted for oral argument on Question 2. The parties are limited to filing briefs on the merits and presenting
oral argument on the questions presented in their respective petitions. The briefs of petitioners are to be filed on or before 2 p.m., Friday, February 27, 2015. The briefs of respondents are to be filed on or before 2 p.m., Friday, March 27, 2015. The reply briefs are to be filed on or before 2 p.m., Friday, April 17, 2015.


My guess is that either Justices Scalia, Thomas, and Alito will vote against sanctioning SSM or it'll be unanimous in favor. Depending on how the arguments goes...

I see that as something that we can finally put this to bed.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 22:30:58


Post by: Desubot


Oh snap!


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 22:48:50


Post by: Crystal-Maze


Well done America.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 23:05:53


Post by: Torga_DW


My problem always come with the particulars of the word marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 23:07:32


Post by: Desubot


 Torga_DW wrote:
My problem always come with the particulars of the word marriage.


Well they can (hopefully) be as miserable as any other married folks now


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 23:38:11


Post by: Torga_DW


 Desubot wrote:
 Torga_DW wrote:
My problem always come with the particulars of the word marriage.


Well they can (hopefully) be as miserable as any other married folks now


Hehe, well i'm all for misery. I certainly think they should have equal rights, my problem is literally with the word marriage, and not say union.

The 'word' marriage seems to originate about 1300ad (roughly) http://www.edenics.net/english-word-origins.aspx?word=MARRIAGE which is pre-reformation http://en.wikipedia.org/wiki/Protestant_Reformation . In other words a time when the 'church' (like the empire in star wars) held dominion over such events, with them being a combination of civil and religious union (remember, pre-reformation). The word seems to have evolved into a common one refering to unions in general, but i always look at the specific word marriage itself as a religious union. I don't agree with the christian stance on homosexuality, but i can see from a religious point of view how such a thing being forced into law might upset them. It seems to be a big ****fight as far as discussion goes, so i'll just say good for them, equal rights is always a good thing.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/16 23:57:08


Post by: Howard A Treesong


No one owns marriage. Anyone of any religion, or no religion, can get married, so why should the bible saying it be between man and a woman be of relevance? The practice has been carried out for thousands of years with different ceremonies. When Christians or any other group insist that their definition of marriage is the most correct one for the whole of society to live by, they are taking proprietary of a term they don't have exclusivity on.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 01:43:48


Post by: Torga_DW


The same way the word 'christian' can or can't be owned i guess. All i know is that when i see the usual arguments about marriage on tv, the religious guy says "marriage is a union between a man and a woman (in the sight of god)". Everyone then goes on to focus on the 'man and woman' part of it, and ignores the 'union' part of it. But as i said, the word seems to have changed (or at least for some people and not others) so it ends up being a ****fight when discussed.

It always seemed to me that marriage was a particular type of union, one related to the christian religion. Thats why the origin of the word is important, before the ~1300s there were no marriages if you were english because the word didn't exist.

edit: typo


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 01:45:27


Post by: Hordini


 Torga_DW wrote:
The same way the word 'christian' can or can't be owned i guess. All i know is that when i see the usual arguments about marriage on tv, the religious guy says "marriage is a union between a man and a woman (in the sight of god)". Everyone then goes on to focus on the 'man and woman' part of it, and ignores the 'union' part of it. But as i said, the word seems to have changed (or at least for some people and not others) so it ends up being a ****fight when discussed.

It always seemed to me that marriage was a particular type of union, one related to the christian religion. Thats why the origin of the word is important, before the ~1300s there were no marriages if you were english because the word didn't exist.

edit: typo



That doesn't mean there weren't marriages, it just means they used a different word for it.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:08:09


Post by: d-usa


Here is my usual and often repeated reply regarding the whole "why call it marriage" bit, and keep in mind that this comes from a very devout Christian:

1) We have separation of church and state, so "whatever the church calls" it has never been a determining factor for naming anything that the state sanctions.
2) Churches/Synagogues/Mosques/Whatever have administered their versions of the covenant of marriage for many many years, and nobody is saying that they have to change their definition. My marriage is a covenant we made between me, my wife, and our God. Whatever the state definition of marriage is doesn't change the religions definitions.
3) The States have been granting and recognizing non-religious marriages since the first day of our existance. These state marriages have never legally been bound by any religious definitions and many of them were officiated by non-religious people and are between people who have zero interest in religion. By very nature of our separation of church and state these marriages have NEVER had basis on the religious definition and the Wiccans that were married down the street don't really care about whatever definition my God gave regarding marriage. State sanctioned marriage recognizes that me and my wife life together after signing what amounts to a legally binding contract witnessed by said state and now they give us monetary compensation for putting up with each other and gives us legal protections regarding each other and our child. That's really all "marriage" is as far as the state is concerned.

To change the word marriage because of some religious folks, when the word marriage has never had a religious significance and has been a non-religious legal term as far as the state is concerned, is just stupid and achives nothing more than giving in to the kid that is refusing to throw his ball over the fence instead of letting you play with it even though it was never his ball to begin with.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:08:12


Post by: Torga_DW


If it's a different word, how can you be so certain it meant the same thing? To go back on the 'christian' word: i can do something that aligns with another religion or no religion at all, and call myself christian and get other people to do the same. If enough people do it, we'll start having 2 groups of 'christian' (or at least 1 more than we do now).

That doesn't mean the 'original' christians won't remember that the word used to pertain to people who practice christianity, or that there won't be arguments and hurt feelings when the two groups come together. If we're accepting that marriage means union and not a specific type of union, then this is a great move for human rights.


Automatically Appended Next Post:
 d-usa wrote:
Here is my usual and often repeated reply regarding the whole "why call it marriage" bit, and keep in mind that this comes from a very devout Christian:

1) We have separation of church and state, so "whatever the church calls" it has never been a determining factor for naming anything that the state sanctions.
2) Churches/Synagogues/Mosques/Whatever have administered their versions of the covenant of marriage for many many years, and nobody is saying that they have to change their definition. My marriage is a covenant we made between me, my wife, and our God. Whatever the state definition of marriage is doesn't change the religions definitions.
3) The States have been granting and recognizing non-religious marriages since the first day of our existance. These state marriages have never legally been bound by any religious definitions and many of them were officiated by non-religious people and are between people who have zero interest in religion. By very nature of our separation of church and state these marriages have NEVER had basis on the religious definition and the Wiccans that were married down the street don't really care about whatever definition my God gave regarding marriage. State sanctioned marriage recognizes that me and my wife life together after signing what amounts to a legally binding contract witnessed by said state and now they give us monetary compensation for putting up with each other and gives us legal protections regarding each other and our child. That's really all "marriage" is as far as the state is concerned.

To change the word marriage because of some religious folks, when the word marriage has never had a religious significance and has been a non-religious legal term as far as the state is concerned, is just stupid and achives nothing more than giving in to the kid that is refusing to throw his ball over the fence instead of letting you play with it even though it was never his ball to begin with.


This is where it gets interesting, as the reformation was basically about taking the church out of certain loops and leaving them in the hands of the secular authorities. So while the word may not currently have religious significance (depending on who you ask), it almost certainly did when it came into being. If find your last sentence highly ironic.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:15:36


Post by: d-usa


 Torga_DW wrote:

This is where it gets interesting, as the reformation was basically about taking the church out of certain loops and leaving them in the hands of the secular authorities. So while the word may not currently have religious significance (depending on who you ask), it almost certainly did when it came into being. If find your last sentence highly ironic.


Then you need to learn the meaning of the word irony, since nobody except religious people is trying to prevent another group from using a term that has multiple definitions based on who is using it.

In the United States, where this law is currently in the process of being heard at the SCOTUS, the word marriage has been a secular term ever since the first marriage license was granded after this country was founded. Because a secular state has been issuing secular licenses to recognize secular unions and granting secular benefits to these secular unions.

These marriages have been regocnized and valid between two Christians, a Christian and a Jew, A Muslim and a Wiccan, a Satanist and an Atheist, and whatever other religious and non-religious combination you want to name, because it doesn't depend on any religious definition because it is a state granted benefit.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:17:28


Post by: Stonebeard


That's nice, I suppose. Don't see much of the point, though. Seems like it would be just as easy (probably easier, actually) to make one blanket category with all the same rights and benefits, shove it under the 'civil union' designation and call it a day. Religious folks (myself included, I suppose) get to keep 'their' word and everyone gets the same rights and protections. No muss, no fuss.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:19:55


Post by: Torga_DW


Look at the timeline: when was america founded? When did the reformation happen? What is one of the original items as founded in the bill of rights?

Modern 'happenings' are important, but they're usually based on previous happenings, and the reformation was a pretty big one as far as religion goes.


Automatically Appended Next Post:
 Stonebeard wrote:
That's nice, I suppose. Don't see much of the point, though. Seems like it would be just as easy (probably easier, actually) to make one blanket category with all the same rights and benefits, shove it under the 'civil union' designation and call it a day. Religious folks (myself included, I suppose) get to keep 'their' word and everyone gets the same rights and protections. No muss, no fuss.


Probably have to agree on this one, and it seems to be the way things have played out. I don't really have a dog in the fight, i just find it an interesting topic.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:25:09


Post by: d-usa


 Torga_DW wrote:
Look at the timeline: when was america founded? When did the reformation happen?


Irrelevant, but to humor you:

The United States of America was founded in 1787/88, which places the creation of our secular laws a solid 139 years after the end of the reformation.

What is one of the original items as founded in the bill of rights?


The separation of Church and State, meaning that marriage under the law has had zero relationship to marriage under God since 1787.

Modern 'happenings' are important, but they're usually based on previous happenings, and the reformation was a pretty big one as far as religion goes.


Which has nothing to do with secular laws based by a secular nation and enforced by a secular nation that has a constitutional separation between the secular nation and religions.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:35:28


Post by: Hordini


 Torga_DW wrote:
If it's a different word, how can you be so certain it meant the same thing?



Well, the Bible mentions marriage and wives and husbands plenty of times. When the Bible was written, it wasn't in English and English as we know it didn't even exist.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:41:35


Post by: Jihadin


 Hordini wrote:
 Torga_DW wrote:
If it's a different word, how can you be so certain it meant the same thing?



Well, the Bible mentions marriage and wives and husbands plenty of times. When the Bible was written, it wasn't in English and English as we know it didn't even exist.


Lies! They spoke English and looked ggooooooodddddd




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:43:45


Post by: dementedwombat


 Hordini wrote:
 Torga_DW wrote:
If it's a different word, how can you be so certain it meant the same thing?



Well, the Bible mentions marriage and wives and husbands plenty of times. When the Bible was written, it wasn't in English and English as we know it didn't even exist.
This is very true. I took a couple of years of Biblical Greek in high school (it was that or Latin and I needed a language requirement. Gotta love classical education...) A lot of how people argue about Christian scripture is solved when you just look at the original document. It's kind of funny really. Nobody can translate the Bible without pushing their personal opinions on what it was saying. Translation is a [female dog] like that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:54:19


Post by: Verviedi


I'm going to put this "engraved plaque" here for all those who have looked into my post history.
I fully admit to being mildly insane during this period. I had not yet understood "Good taste" or "Logic", and I admit that I had contracted a minor case of Religion.
Please do not consider anything I have posted before my ideology switch an accurate reflection of my personality or beliefs.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:56:29


Post by: dementedwombat


Verviedi wrote:
God dammit.
My reaction to most OT posts. Would you like to be more specific about your discontent?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 02:57:05


Post by: Jihadin


Verviedi wrote:
God dammit.


Calm down and be


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 03:01:05


Post by: d-usa


Of course the Bible is also very specific about divorce, but nobody has ever argued that we should call non-biblical divorces something else...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 03:03:22


Post by: Co'tor Shas


 d-usa wrote:
Of course the Bible is also very specific about divorce, but nobody has ever argued that we should call non-biblical divorces something else...

Civil non-union?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 05:28:41


Post by: Tannhauser42


 dementedwombat wrote:
This is very true. I took a couple of years of Biblical Greek in high school (it was that or Latin and I needed a language requirement. Gotta love classical education...) A lot of how people argue about Christian scripture is solved when you just look at the original document. It's kind of funny really. Nobody can translate the Bible without pushing their personal opinions on what it was saying. Translation is a [female dog] like that.


Except there are some religious groups that follow the belief that God would not allow a "bad" translation of the Bible, therefore the currently accepted English translations are still the literal word of God, despite any differences with the original texts.

Anyway, we'll see what happens with the SC.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 06:42:01


Post by: Ensis Ferrae


 Torga_DW wrote:
Look at the timeline:



You should do the same, keeping in mind how/when the Church really started "Forcing" people to get married within the church AND paying for the "privilege" of doing so..... Most of what I've read points to around your timeline, so the 1300s (really, I've read from around the end of the Crusades to about Bosworth... so 1450s-1480s, depending on locale) is approximately when the common person was beginning to follow the Nobility's "example" and get married by the priest in the church. For the Nobility before then, this was nothing more than a political stunt.





While I am glad this is being looked at in the SC, and I do sincerely hope this goes the right way.... I know in my head that this ain't over. Even once the SC makes this constitutionally legal, there'll be backwards groups out there still fighting and railing against this "evil"

But, frankly, I wish it were over already... Frankly, I'm as tired of hearing about people coming out as gay as I am "straight" people annoucing they're getting married.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 09:37:25


Post by: Steelmage99


 d-usa wrote:
Here is my usual and often repeated reply regarding the whole "why call it marriage" bit, and keep in mind that this comes from a very devout Christian:

1) We have separation of church and state, so "whatever the church calls" it has never been a determining factor for naming anything that the state sanctions.
2) Churches/Synagogues/Mosques/Whatever have administered their versions of the covenant of marriage for many many years, and nobody is saying that they have to change their definition. My marriage is a covenant we made between me, my wife, and our God. Whatever the state definition of marriage is doesn't change the religions definitions.
3) The States have been granting and recognizing non-religious marriages since the first day of our existance. These state marriages have never legally been bound by any religious definitions and many of them were officiated by non-religious people and are between people who have zero interest in religion. By very nature of our separation of church and state these marriages have NEVER had basis on the religious definition and the Wiccans that were married down the street don't really care about whatever definition my God gave regarding marriage. State sanctioned marriage recognizes that me and my wife life together after signing what amounts to a legally binding contract witnessed by said state and now they give us monetary compensation for putting up with each other and gives us legal protections regarding each other and our child. That's really all "marriage" is as far as the state is concerned.

To change the word marriage because of some religious folks, when the word marriage has never had a religious significance and has been a non-religious legal term as far as the state is concerned, is just stupid and achives nothing more than giving in to the kid that is refusing to throw his ball over the fence instead of letting you play with it even though it was never his ball to begin with.



Have an exalt!


Automatically Appended Next Post:
 Tannhauser42 wrote:
 dementedwombat wrote:
This is very true. I took a couple of years of Biblical Greek in high school (it was that or Latin and I needed a language requirement. Gotta love classical education...) A lot of how people argue about Christian scripture is solved when you just look at the original document. It's kind of funny really. Nobody can translate the Bible without pushing their personal opinions on what it was saying. Translation is a [female dog] like that.


Except there are some religious groups that follow the belief that God would not allow a "bad" translation of the Bible, therefore the currently accepted English translations are still the literal word of God, despite any differences with the original texts.


Those religious people must have a fun time squaring the circle of the "Adulterous Bible".

I always find it funny how the "literal word of God" or "the only authoritative/correct translation" happens to be in a language the presenter of the argument is capable of understanding.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 10:27:17


Post by: SilverMK2


Prove that there is a) Some supernatural force/being(s), b) That this is your particular god(s), and c) That the particular book you claim is the word of your god(s) is actually the word of your god(s), and then we might think about caring about what it says.

Until then I think we should treat everyone the same and not discriminate against people because of a work of badly written fiction.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 11:21:30


Post by: Spetulhu


IIRC the church started messing with marriage in the 17th century over here. It was after the reformation and in large part because the king (of Sweden) wanted to make his new Protestant church support him by giving them something nice after confiscating lots of property from the Catholic church. Before that marriage was pretty much a civil concern even if one went to the trouble of having a priest bless it.

IMO it's nothing wrong - heteros don't lose anything and no one's forcing us to marry someone of the same sex. And now homosexuals can have fights between spouses - and divorces - just like anyone else. Equality for all.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 11:28:38


Post by: Bran Dawri


Who cares how the word may have been originlly intended 700 years ago?

We don't live in the 1300s, and in the intervening 7 centuries, th word has changed meaning, or at least has had meaning added to it


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 11:44:25


Post by: Do_I_Not_Like_That


For the life of me, I cannot understand why anybody would want to get married. Worst mistake I ever made! I ended up losing my X-files box sets

My advice to anybody thinking about marriage, be they gay, be they straight, be they whatever, is too walk away while you still have the chance...and your DVDs


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 12:12:01


Post by: Orlanth


I think the rational approach to marriage law is to allow marriage between any couples so long as they are mentally aware enough to understand the vows and are above a minimum age as decided by law.

Then at the same time make it a right for religious institutions to refuse to marry any couple that doesn't fit their ethos, and to enforce a ban on their employees officiating ceremony, without legal consequence.

If gays want to marry so be it. If gays want to marry in a place of worship and will sue the religious group concerned for discrimination unless they get their way, that's going too far. Also denominations should also be allowed to enforce no gay weddings at their places of worship as a condition of continued employment to its religious staff.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 12:28:29


Post by: SilverMK2


 Orlanth wrote:
I think the rational approach to marriage law is to allow marriage between any couples so long as they are mentally aware enough to understand the vows and are above a minimum age as decided by law.

Then at the same time make it a right for religious institutions to refuse to marry any couple that doesn't fit their ethos, and to enforce a ban on their employees officiating ceremony, without legal consequence.

If gays want to marry so be it. If gays want to marry in a place of worship and will sue the religious group concerned for discrimination unless they get their way, that's going too far. Also denominations should also be allowed to enforce no gay weddings at their places of worship as a condition of continued employment to its religious staff.


So, are we going to bring back the "whites only" marriages too? Damn those pesky other races wanting to get married in our places of worship! Not to mention when they defile our pure white women!


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 12:32:04


Post by: agnosto


Words have meaning or they don't. Language changes over time or it doesn't. If you're using words from a living language, you have to accept the modern usage and definition, not to mention local usage to an extent (insert UK word for flashlight). If you want word to be inviolate and "holy", use the original word in your religious document of choice. Hey, many Catholics learn a fair bit of Latin and/or Greek, why can't those Baptists learn some Greek and Aramaic? Nobody's abusing a holy language here so if you want the word used for your particular civil arrangement to mean something, in a religious context, use the Aramaic word provided in the Bible.

Personally, I think that if people want to try and live literally by an ancient document, they should actually read it. I mean, I don't see too many people advocating for forcing a raped person to marry their attacker (Deuteronomy 22:28-29) or forcing someone to marry his brother's widow, or passing laws making interracial marriages illegal (Ezra 10:2-11)....but I'm all for fundamentalists following Jesus' recommendations in Mathew 19:12 and castrating themselves to live a life of celibacy....or was he not being literal there?



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 12:45:51


Post by: Orlanth


 SilverMK2 wrote:
 Orlanth wrote:
I think the rational approach to marriage law is to allow marriage between any couples so long as they are mentally aware enough to understand the vows and are above a minimum age as decided by law.

Then at the same time make it a right for religious institutions to refuse to marry any couple that doesn't fit their ethos, and to enforce a ban on their employees officiating ceremony, without legal consequence.

If gays want to marry so be it. If gays want to marry in a place of worship and will sue the religious group concerned for discrimination unless they get their way, that's going too far. Also denominations should also be allowed to enforce no gay weddings at their places of worship as a condition of continued employment to its religious staff.


So, are we going to bring back the "whites only" marriages too? Damn those pesky other races wanting to get married in our places of worship! Not to mention when they defile our pure white women!


If you had a whites only denomination yes, or black only, or asian only for that matter.
We already have this, without complaint: Judaism is a racial group as well as a religious ones, and some types of orthodox Jew insist on only marrying pure blood Jews. Most forms of Sikhism also has bloodline requirements for marriage.

However you aren't trying to make a rational comment just some anti-religion trolling. So the answer to you is no, because the KKK mentality you are suggesting is not supported by any denomination, and if any denomination did it wouldn't last long.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 12:57:41


Post by: SilverMK2


 Orlanth wrote:
If you had a whites only denomination yes, or black only, or asian only for that matter.


So you are happy for places of worship to descriminate based on colour/race? How about shops and other services? Or is it only the religiously owned businesses which get to practice intolerance?

We already have this, without complaint: Judaism is a racial group as well as a religious ones, and some types of orthodox Jew insist on only marrying pure blood Jews. Most forms of Sikhism also has bloodline requirements for marriage.


Being Jewish has historically been tied to being born of a Jewish mother. I would not suddenly become black just because I joined an African tribal religion; that does not however mean I could not call myself whatever the name of the religious group I joined. Similarly with being a practicing Jew and being of the Jewish race.

I will not comment particularly on orthodox Jews and Sikhism other than to say that Sikhism particularly is tied to significantly different cultural norms than those in Western society. To expect a radically different culture to conform to our own is pretty silly.

However you aren't trying to make a rational comment just some anti-religion trolling.


What I am attempting to do is highlight just how absurd your viewpoint is. And I feel doing it quite sucecssfully.

So the answer to you is no, because the KKK mentality you are suggesting is not supported by any denomination, and if any denomination did it wouldn't last long.


And yet it was highly prevelent within the lifetime of not a few parishioners currently attending churches all over the US, and indeed can still be found in plenty of places of worship even now...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 13:09:34


Post by: Do_I_Not_Like_That


People talk about the evil of Nazism, the evils of Communism, the evil of rampant Capitalism...all of these pale into significance when compared to marriage...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 13:19:22


Post by: Jihadin


: 1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage
between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?



The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed. In addition, it forbids states from denying any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws.”



Either way a decision go there's going to dismay and out cry from either side. I've a feeling SCOTUS is going to go with a neutral position saying its not the government role in defining the word "Marriage". Maybe citing something like 1st Amendment shenanigans


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 13:27:20


Post by: d-usa


 Jihadin wrote:

Either way a decision go there's going to dismay and out cry from either side. I've a feeling SCOTUS is going to go with a neutral position saying its not the government role in defining the word "Marriage". Maybe citing something like 1st Amendment shenanigans


I don't know. I think from a practical standpoint it seems unlikely that they would do anything other than uphold same-sex marriages especially after already ruling against the constitutional validity of same-sex bans in a number of districts already. I think if they were going to get rid of same-sex marriage they wouldn't have created a scenario where they legalized it in half the country only to turn around the next year and ban it in the entire country.

It's not unheard of for the SCOTUS to change their mind, but it seems like they were just waiting for enough states to swing to the pro-marriage side and get enough public momentum before making a ruling.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 13:52:27


Post by: agnosto


 Orlanth wrote:
 SilverMK2 wrote:
 Orlanth wrote:
I think the rational approach to marriage law is to allow marriage between any couples so long as they are mentally aware enough to understand the vows and are above a minimum age as decided by law.

Then at the same time make it a right for religious institutions to refuse to marry any couple that doesn't fit their ethos, and to enforce a ban on their employees officiating ceremony, without legal consequence.

If gays want to marry so be it. If gays want to marry in a place of worship and will sue the religious group concerned for discrimination unless they get their way, that's going too far. Also denominations should also be allowed to enforce no gay weddings at their places of worship as a condition of continued employment to its religious staff.


So, are we going to bring back the "whites only" marriages too? Damn those pesky other races wanting to get married in our places of worship! Not to mention when they defile our pure white women!


If you had a whites only denomination yes, or black only, or asian only for that matter.
We already have this, without complaint: Judaism is a racial group as well as a religious ones, and some types of orthodox Jew insist on only marrying pure blood Jews. Most forms of Sikhism also has bloodline requirements for marriage.

However you aren't trying to make a rational comment just some anti-religion trolling. So the answer to you is no, because the KKK mentality you are suggesting is not supported by any denomination, and if any denomination did it wouldn't last long.


The census officially recognizes six ethnic and racial categories: White American, Native American and Alaska Native, Asian American, Black or African American, Native Hawaiian and Other Pacific Islander, and people of two or more races. So no, Judaism is no more or less protected than any other religion in the US.

The only official US question on ethnicity is whether or not a person is of Hispanic origin.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 19:25:29


Post by: Ensis Ferrae


 SilverMK2 wrote:

What I am attempting to do is highlight just how absurd your viewpoint is. And I feel doing it quite sucecssfully.


I disagree with you there.

I'm with Orlanth in saying that "1st Baptist Church of Podunk-ville, middle of nowhere" should be able to deny a wedding ceremony on their grounds, without reprisal from Civil Suits. Having quite a few gay friends who could potentially be affected by this, and knowing them... I honestly have no clue as to WHY they'd want to plan to have their ceremony in a place that clearly preaches against them, and does not want them.


Now, that said, I do NOT think that if a gay couple goes to a preacher and says, "we're having our ceremony at the park, would you officiate it for us?" and he says yes, only to "discover" that the couple were in fact, the 2 dudes or 2 ladies sitting before him and then turn them down after the fact. Especially if the venue chosen is a "public" place, such as a city park, a pub or the courthouse.


The Church isn't a "business" in the same sense as a bakery, or a car dealership, and as such I still think that, in order to "protect" their 1st Amendment rights, we would necessarily need to maintain that protection of not "forcing" them to perform ceremonies which go against their belief systems.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 19:28:36


Post by: hotsauceman1


Someone tell me when they do. I need to make popcorn and put my facebook feed and my twitter feed up


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 19:51:06


Post by: Jihadin


Same arguments. Its going to SCOTUS. Either way the wheels will stop going round and round and the bus




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 19:51:28


Post by: Ensis Ferrae


 hotsauceman1 wrote:
Someone tell me when they do. I need to make popcorn and put my facebook feed and my twitter feed up


Lol, I've read your comment here 3 times, and I'm still no closer to figuring out what you're on about.... Could you elaborate for dumb guys like me?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 19:54:48


Post by: SilverMK2


 Ensis Ferrae wrote:
a place that clearly preaches against them, and does not want them.


I think that is the problem right here - I am not sure why such a place should be able to exist. A person or group inciting hatred, regardless who against, should not be protected by the law because they claim that they are getting a big thumbs up from their deity of choice.

The Church isn't a "business" in the same sense as a bakery, or a car dealership


Why noy? They provide a service, and nominally are able to provide that service to anyone. A car dealership cannot refuse to sell you a car because you are gay, or black, or support the Yankees. A church that X years ago would not marry a white and a black person cannot today refuse to perform the same service, even if it was the same priest doing the officiating and they held the same viewpoint they did X years ago.

in order to "protect" their 1st Amendment rights, we would necessarily need to maintain that protection of not "forcing" them to perform ceremonies which go against their belief systems.


Churches perform a legal service when they marry two people; as a functionary of the state in this activity they should be bound by the same rules as any other person working on behalf of the state. Ie they should not be able to refuse their services because of their own personal beliefs.

If however certain curches/priests want to hand back their state-granted powers to perform marriages and instead perform only non-legally valid "Religious Unions" instead, with a seperate legal marriage having to be conducted by a representative of the state, then I think that would allow them to descriminate against people they don't want to serve as much as they want within the law. This of course may also impact upon their ability to remain tax free institutions, but I am sure that is a case for another topic.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 20:17:19


Post by: Baxx


 Torga_DW wrote:
The same way the word 'christian' can or can't be owned i guess. All i know is that when i see the usual arguments about marriage on tv, the religious guy says "marriage is a union between a man and a woman (in the sight of god)". Everyone then goes on to focus on the 'man and woman' part of it, and ignores the 'union' part of it. But as i said, the word seems to have changed (or at least for some people and not others) so it ends up being a ****fight when discussed.

It always seemed to me that marriage was a particular type of union, one related to the christian religion. Thats why the origin of the word is important, before the ~1300s there were no marriages if you were english because the word didn't exist.

edit: typo

In Europe I'm sure you'll find different words for marriage, many which likely go back to heathen time and still being used by christians today. What you're saying implies some kind of balancing. So in English speaking societies, the word "marriage" is a christian invention so they claimed that. But do you think christians in the rest of the world would like to give up their local words for the same thing just because heathens invented all languages and probably alot of words meaning "marriage" still used today in non-heathen contexts?
 Stonebeard wrote:
That's nice, I suppose. Don't see much of the point, though. Seems like it would be just as easy (probably easier, actually) to make one blanket category with all the same rights and benefits, shove it under the 'civil union' designation and call it a day. Religious folks (myself included, I suppose) get to keep 'their' word and everyone gets the same rights and protections. No muss, no fuss.

I can give you the word marriage if every christian in other countries give back the religious heathen words they use.

You want to trade words like this?

I can give you "marriage", but you'd have to give back the word "God", as that is of pagan inheritance. I don't find it likely you find many christians around who're willing to do that.

By the way I'll take the word "holy" as well, thank you very much. Heathens invented that too. You'll find many christians around the world in non-english speaking societies becoming religiously mute if they were to follow this idea.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 20:19:16


Post by: hotsauceman1


 Ensis Ferrae wrote:
 hotsauceman1 wrote:
Someone tell me when they do. I need to make popcorn and put my facebook feed and my twitter feed up


Lol, I've read your comment here 3 times, and I'm still no closer to figuring out what you're on about.... Could you elaborate for dumb guys like me?

When the decision comes down, my family members will explode as will media personalities like Beck/Limbaugh on twitter. it is endless entertainment.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 20:37:36


Post by: KalashnikovMarine


Glad this is finally going to end and we can move on. This is pretty open shut, especially with the huge pile of legal wins the gay marriage types have been winning the last few years.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 20:50:18


Post by: hotsauceman1


 KalashnikovMarine wrote:
Glad this is finally going to end and we can move on. This is pretty open shut, especially with the huge pile of legal wins the gay marriage types have been winning the last few years.
You would think so. but look at how we are dismantling Roe V. Wade, the fight is far from over.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 22:27:51


Post by: Torga_DW


d-usa wrote:
 Torga_DW wrote:
Look at the timeline: when was america founded? When did the reformation happen?


Irrelevant, but to humor you:

The United States of America was founded in 1787/88, which places the creation of our secular laws a solid 139 years after the end of the reformation.


And one of the big things to come out of the reformation was to leave 'marriage' to the secular authorities.


d-usa wrote:The separation of Church and State, meaning that marriage under the law has had zero relationship to marriage under God since 1787.


You are of course correct. I was thinking of the freedom of religion when i asked that question. Part of america's settling involved people who were escaping religious persecution, and freedom of religion came in to ensure people could practice their beliefs in relative safety. The thing is, while the marriages were sent to the state, the religions (a lot of christian factions mainly) from where they originated were still practicing their religion. Look at the catholic church (the splittee), they tend to be the most hardline against gay marriage.


d-usa wrote:Which has nothing to do with secular laws based by a secular nation and enforced by a secular nation that has a constitutional separation between the secular nation and religions.


It has everything to do with it. They were following religious trends, and attempting to make a nation where people were free to practise their own religions. It can be argued that the secular division was to ensure no one religion could gain dominance over the others.


Ensis Ferrae wrote:You should do the same, keeping in mind how/when the Church really started "Forcing" people to get married within the church AND paying for the "privilege" of doing so..... Most of what I've read points to around your timeline, so the 1300s (really, I've read from around the end of the Crusades to about Bosworth... so 1450s-1480s, depending on locale) is approximately when the common person was beginning to follow the Nobility's "example" and get married by the priest in the church. For the Nobility before then, this was nothing more than a political stunt.


Won't argue that. Look at most modern politics, everything tends to be a political stunt. This stuff tends to stick around though, and if is unpopular enough leads to schisms like the reformation.


Ensis Ferrae wrote:While I am glad this is being looked at in the SC, and I do sincerely hope this goes the right way.... I know in my head that this ain't over. Even once the SC makes this constitutionally legal, there'll be backwards groups out there still fighting and railing against this "evil"

But, frankly, I wish it were over already... Frankly, I'm as tired of hearing about people coming out as gay as I am "straight" people annoucing they're getting married.


Agree here too. The thing is, while i'm a petty word usage watcher, gays really should have the human right to marriage, union, or whatever word it is called (maybe SCOTUS will invent a new word for us?)



agnosto wrote:Words have meaning or they don't. Language changes over time or it doesn't. If you're using words from a living language, you have to accept the modern usage and definition, not to mention local usage to an extent (insert UK word for flashlight). If you want word to be inviolate and "holy", use the original word in your religious document of choice. Hey, many Catholics learn a fair bit of Latin and/or Greek, why can't those Baptists learn some Greek and Aramaic? Nobody's abusing a holy language here so if you want the word used for your particular civil arrangement to mean something, in a religious context, use the Aramaic word provided in the Bible.

Personally, I think that if people want to try and live literally by an ancient document, they should actually read it. I mean, I don't see too many people advocating for forcing a raped person to marry their attacker (Deuteronomy 22:28-29) or forcing someone to marry his brother's widow, or passing laws making interracial marriages illegal (Ezra 10:2-11)....but I'm all for fundamentalists following Jesus' recommendations in Mathew 19:12 and castrating themselves to live a life of celibacy....or was he not being literal there?


I'm not defending religion on this one. Merely giving my opinion on one of the hangups of the gay marriage debate.


SilverMK2 wrote:
 Ensis Ferrae wrote:
a place that clearly preaches against them, and does not want them.


I think that is the problem right here - I am not sure why such a place should be able to exist. A person or group inciting hatred, regardless who against, should not be protected by the law because they claim that they are getting a big thumbs up from their deity of choice.


Because this sort of thing and religion in general was a big deal when the usa was founded. Doing strange things because they're getting a thumbs up from their deity is a fair part of what religion is about.


SilverMK2 wrote:
The Church isn't a "business" in the same sense as a bakery, or a car dealership


Why noy? They provide a service, and nominally are able to provide that service to anyone. A car dealership cannot refuse to sell you a car because you are gay, or black, or support the Yankees. A church that X years ago would not marry a white and a black person cannot today refuse to perform the same service, even if it was the same priest doing the officiating and they held the same viewpoint they did X years ago.


The problem here is that their religion says differently, and freedom to practice their religion is built into the constitution, just like the right to bear arms.


SilverMK2 wrote:
in order to "protect" their 1st Amendment rights, we would necessarily need to maintain that protection of not "forcing" them to perform ceremonies which go against their belief systems.


Churches perform a legal service when they marry two people; as a functionary of the state in this activity they should be bound by the same rules as any other person working on behalf of the state. Ie they should not be able to refuse their services because of their own personal beliefs.

If however certain curches/priests want to hand back their state-granted powers to perform marriages and instead perform only non-legally valid "Religious Unions" instead, with a seperate legal marriage having to be conducted by a representative of the state, then I think that would allow them to descriminate against people they don't want to serve as much as they want within the law. This of course may also impact upon their ability to remain tax free institutions, but I am sure that is a case for another topic.


I don't necessarily disagree with what you're saying here, it's just that there are other sides to the argument and this is where i think understanding and history is important.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 22:41:59


Post by: SilverMK2


 Torga_DW wrote:
The problem here is that their religion says differently, and freedom to practice their religion is built into the constitution, just like the right to bear arms.


The problem here is that apparently their religion also says quite a few things which are against the law to put into practice, such as apparently having quite strong views about interracial marriage at one point. And yet now, strangely, the vast majority of religious groups now think their god(s) are fine with it. Kind of like how Mormans had a "revelation" when they were going to get into trouble with the government over the whole race issue... strange how deities work!

I don't see human sacrifice coming back and being protected by the 1st amendment any time soon either, despite being quite a big part of a number of religions over the years...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 23:00:02


Post by: Ensis Ferrae


 SilverMK2 wrote:
 Torga_DW wrote:
The problem here is that their religion says differently, and freedom to practice their religion is built into the constitution, just like the right to bear arms.


The problem here is that apparently their religion also says quite a few things which are against the law to put into practice, such as apparently having quite strong views about interracial marriage at one point. And yet now, strangely, the vast majority of religious groups now think their god(s) are fine with it. Kind of like how Mormans had a "revelation" when they were going to get into trouble with the government over the whole race issue... strange how deities work!

I don't see human sacrifice coming back and being protected by the 1st amendment any time soon either, despite being quite a big part of a number of religions over the years...



Hey... you stole my Mormon example!!! (seriously... if you look at most religion threads on Dakka... I usually trot out the LDS nut jobs as Exhibit 1)


But... More to what you're talking about.... MOST religious organizations, especially those that profess to be Christian in nature can skirt, or get around the interracial issue in a couple ways. The first, and usually most successful one, is they have a "class" that you MUST attend, and complete and be certified by the church minister who gives the classes before you can use the church and it's official to get married. Often times, these classes are 6 months to a year long, and quite a few people get a month or two in and say, "feth it" we're going to the courthouse or something similar.... Really, from the notes/handouts I've cleaned up after those classes, it's "religious doctrination 101" and so most inter-racial couples would feel extremely uncomfortable in there.

The second way, is usually they make people who appear to be an inter-racial couple/family very uncomfortable and unwelcome until they finally leave the church.

Also, just as hate speech is perfectly legal in the US, using your religion as a platform for "hate" (whether it's actually hate or not) is protected as well.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/17 23:04:23


Post by: Torga_DW


 Ensis Ferrae wrote:
 SilverMK2 wrote:
 Torga_DW wrote:
The problem here is that their religion says differently, and freedom to practice their religion is built into the constitution, just like the right to bear arms.


The problem here is that apparently their religion also says quite a few things which are against the law to put into practice, such as apparently having quite strong views about interracial marriage at one point. And yet now, strangely, the vast majority of religious groups now think their god(s) are fine with it. Kind of like how Mormans had a "revelation" when they were going to get into trouble with the government over the whole race issue... strange how deities work!

I don't see human sacrifice coming back and being protected by the 1st amendment any time soon either, despite being quite a big part of a number of religions over the years...



Hey... you stole my Mormon example!!! (seriously... if you look at most religion threads on Dakka... I usually trot out the LDS nut jobs as Exhibit 1)


But... More to what you're talking about.... MOST religious organizations, especially those that profess to be Christian in nature can skirt, or get around the interracial issue in a couple ways. The first, and usually most successful one, is they have a "class" that you MUST attend, and complete and be certified by the church minister who gives the classes before you can use the church and it's official to get married. Often times, these classes are 6 months to a year long, and quite a few people get a month or two in and say, "feth it" we're going to the courthouse or something similar.... Really, from the notes/handouts I've cleaned up after those classes, it's "religious doctrination 101" and so most inter-racial couples would feel extremely uncomfortable in there.

The second way, is usually they make people who appear to be an inter-racial couple/family very uncomfortable and unwelcome until they finally leave the church.

Also, just as hate speech is perfectly legal in the US, using your religion as a platform for "hate" (whether it's actually hate or not) is protected as well.


I don't disagree with either of you.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 00:13:57


Post by: Tannhauser42


 KalashnikovMarine wrote:
Glad this is finally going to end and we can move on. This is pretty open shut, especially with the huge pile of legal wins the gay marriage types have been winning the last few years.


It won't end here. Whatever the SCOTUS decides, lawmakers will simply try to find new ways to get around the decision in order to appease their voters. Gotta keep that campaign money rolling in by appealing to the fears of your more extreme voters. Gotta keep the talking heads on TV and radio something to rail against in order to motivate the party's base. And on and on it will go.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 00:22:56


Post by: Hordini


 hotsauceman1 wrote:
 KalashnikovMarine wrote:
Glad this is finally going to end and we can move on. This is pretty open shut, especially with the huge pile of legal wins the gay marriage types have been winning the last few years.
You would think so. but look at how we are dismantling Roe V. Wade, the fight is far from over.


How are we dismantling Roe v. Wade? I'm pretty sure abortion is still legal and probably always will be.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 00:25:09


Post by: Peregrine


 Tannhauser42 wrote:
It won't end here. Whatever the SCOTUS decides, lawmakers will simply try to find new ways to get around the decision in order to appease their voters. Gotta keep that campaign money rolling in by appealing to the fears of your more extreme voters. Gotta keep the talking heads on TV and radio something to rail against in order to motivate the party's base. And on and on it will go.


They don't even have to get around the decision successfully, they just have to make a big show of fighting back and convince their supporters that they hate all the same people Jesus hates. In fact, somehow winning the fight would be the worst possible outcome, since they would lose this easy source of votes and have to come up with another way to get the bigots to vote against their own best economic interests.


Automatically Appended Next Post:
 Hordini wrote:
How are we dismantling Roe v. Wade? I'm pretty sure abortion is still legal and probably always will be.


It's legal, but conservatives keep trying (and sometimes succeeding) to impose more and more restrictions that exist for the sole purpose of making abortions harder to get. Mandatory waiting periods, extra licensing requirements for the doctors, etc. The end goal is to make it so that abortion might technically be legal, but it's so hard to get one that most people give up and have the baby. Needless to say this will have a disproportionate effect on poor people while good middle-class white Christians can easily jump through all the hoops, but that's considered a feature, not a bug.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 00:34:19


Post by: Hordini


 Peregrine wrote:
 Tannhauser42 wrote:
It won't end here. Whatever the SCOTUS decides, lawmakers will simply try to find new ways to get around the decision in order to appease their voters. Gotta keep that campaign money rolling in by appealing to the fears of your more extreme voters. Gotta keep the talking heads on TV and radio something to rail against in order to motivate the party's base. And on and on it will go.


They don't even have to get around the decision successfully, they just have to make a big show of fighting back and convince their supporters that they hate all the same people Jesus hates. In fact, somehow winning the fight would be the worst possible outcome, since they would lose this easy source of votes and have to come up with another way to get the bigots to vote against their own best economic interests.



There are a lot of reasons other than bigotry for people to vote against their own best economic interest.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 00:38:31


Post by: Peregrine


 Hordini wrote:
There are a lot of reasons other than bigotry for people to vote against their own best economic interest.


Yes, but bigotry is a consistent and effective one.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 02:14:48


Post by: sirlynchmob


Isn't is sad really that in all moral fights the US has had, it's always the courts that are need to tell those who claim morality is absolute that they're wrong again.

But it's nice to see the US finally getting dragged kicking and screaming towards the equality they say they already have.

Marriage is just a word, it's not a religious word. Why don't christians have a issue with me, an atheist who married another atheist using the word "marriage" We're legally married, by a justice of the peace, no religions were necessary for us to get married or to call it a marriage.

and the required what is a christian marriage according to the bible.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 02:32:20


Post by: d-usa


I used to be in the "don't make pastors/churches marry gay folks" camp (and I will admit that I voted FOR the gay-marriage ban in Oklahoma a decade ago), but my position has evolved from that. I'm just going to share my current viewpoint (again as an evangelical Christian) knowing that there will be people that won't agree with it. I'm not saying that my viewpoint is the right one, I'm not even saying that it makes sense (I'm not even sure if it does), just throwing it out there for transparency:

1) Like I said before, to me there are separate forms of "marriages". I basically have two marriages: One is the secular marriage licensed and recognized by the state. These laws give me secular benefits like tax breaks, joint ownership of stuff, next-of-kin stuff if either one of us is sick, etc etc etc. The other is my spiritual marriage which is between me, her, and God. Secular marriage laws don't affect my covenant, and my spiritual marriage has no effect on marriage laws. When we were married we had a pastor who officiated over both forms of marriage at once. He fulfilled the function of a state sanctioned officiant who performed our secular ceremony, and he was a clergy member who performed our spiritual ceremony. But my guess is that a lot of people won't see our modern marriages as two separate forms of marriage coexisting.

2) Churches are basically private clubs. They are not open and public buildings, they are not businesses, in respect to the law I would think that they are similar to the Boy Scout case. Non-members don't really have any rights to have access or events hosted at a private club. A business that serves everyone is different than a private club that only serves private members. So I still think that a church shouldn't be required to host a civil ceremony for non-members.

3) A pastor/priest/clergy/whatever has a dual role. Currently he is a religious authority figure with the authority (given to him by members willing to submit to it, so no authority over people who don't follow that faith) to officiate over the religious ceremony of marriage (which are not a legally binding thing). He is also an agent of a secular state with the secular authority to preside over secular marriages (which are legally binding). And that double status is really where I have changed my stance and where things get complicated for me.

3.1) Religious clergy: I think from a religious standpoint a religious authority figure shouldn't have to preside over anything that goes against his/her religion. A pastor wanting to hold a religious ceremony at the church should not be required to open that building or hold that ceremony for people who are not adhering to the beliefs of that religion.

3.2) Agent of the State: As an agent of the state religion is a non-factor and a religious authority acting as an Agent of the State is required to perform the state sanctioned service for anyone and perform a secular marriage ceremony for anyone that legally qualifies to be married. A clergy that is also an Agent of the State shouldn't have to perform a religious ceremony at his church, but he should still be required to perform a civil ceremony at a secular location.

4) If a clergy doesn't want to marry people that go against his religion, then he shouldn't be allowed to perform civil marriages for anyone. Without a license to officiate a pastor could still perform non-legally binding religious ceremonies at a church though.

So basically I think we would end up with three different options for being the officiant at a wedding:

A) Purely secular Agent of the State: Officiate over legal secular marriages for anyone.
B) Religious Clergy and Agent of the State: Able to officiate over select secular and spiritual marriages at a church, but required to officiate over secular marriages outside of church for anyone.
C) Purely religious Clergy: Able to officiate over spiritual marriages at a church only.

Like I said. I'm not saying that this is the right approach or that it makes sense. That's just where I am at in my head as my stance continues to evole.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 02:46:16


Post by: Peregrine


 d-usa wrote:
2) Churches are basically private clubs. They are not open and public buildings, they are not businesses, in respect to the law I would think that they are similar to the Boy Scout case. Non-members don't really have any rights to have access or events hosted at a private club. A business that serves everyone is different than a private club that only serves private members. So I still think that a church shouldn't be required to host a civil ceremony for non-members.


I agree that this is true in some cases, but I don't think it should be taken for granted. Some churches act as private clubs with a close community and aren't really open to non-members, but some are open to anyone who walks through the door. Same thing I imagine with wedding ceremonies: if the church only does them for people who regularly attend that church and are part of the community then they're acting as a private club, if they do them for any random person that comes in and asks to rent the church then they're acting as a business and need to follow the same rules as businesses.

(I don't know what the ratio of "clubs" to "businesses" is, but I remember this came up in the past with a church that wanted to refuse service to gay couples but was operating a for-profit wedding business on church property.)

3.1) Religious clergy: I think from a religious standpoint a religious authority figure shouldn't have to preside over anything that goes against his/her religion. A pastor wanting to hold a religious ceremony at the church should not be required to open that building or hold that ceremony for people who are not adhering to the beliefs of that religion.


And I think the same is true here. If the religious official is acting as part of a private club/community then yes, they should have the right to refuse to act against their beliefs (as long as they're still willing to sign the paperwork in their role as a representative of the government). If they're acting as a business and performing wedding services for the public then they should have the same obligations as any other business.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 02:48:46


Post by: d-usa


A big case would probably be "wedding chapels", which are pretty much "Churches" in name only.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 03:04:49


Post by: Jihadin


See how ACA turned out in SCOTUS.
A Tax verdict


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 12:38:09


Post by: Yodhrin


Yeah, on the one hand, it seems pretty open and shut. On the other hand; SCOTUS declared corporations were people, so we're evidently dealing with people who're somewhat detached from reality.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 12:39:15


Post by: Orlanth


 SilverMK2 wrote:


So you are happy for places of worship to descriminate based on colour/race? How about shops and other services? Or is it only the religiously owned businesses which get to practice intolerance?


i am not saying that at all, and you can only strectch to the assumption because you desire to to fulfill an anti-religious hate fantasy.

 SilverMK2 wrote:

Being Jewish has historically been tied to being born of a Jewish mother. I would not suddenly become black just because I joined an African tribal religion; that does not however mean I could not call myself whatever the name of the religious group I joined. Similarly with being a practicing Jew and being of the Jewish race.


I mentioned orthodox Judaism. With some orthodox Jews, especially Hassids you need to have a Jewish geneology to be accepted at all, and marriage outside ther sect is not acceptable. This happens, its isnt 'discriminatiojn' and nobody complains. Also for reformed Judaism you don't even need a Jewish mother, you can convert.

 SilverMK2 wrote:

I will not comment particularly on orthodox Jews and Sikhism other than to say that Sikhism particularly is tied to significantly different cultural norms than those in Western society....


So what you are saying is that Sikhism is a valid example that you can have religions being culturally separated in terms of marriage, therefore you will ignore it.

 SilverMK2 wrote:

....To expect a radically different culture to conform to our own is pretty silly.


Actually we are talking about statute law, its not 'pretty silly' its pretty damn important to look at all the variables.

 SilverMK2 wrote:

However you aren't trying to make a rational comment just some anti-religion trolling.


What I am attempting to do is highlight just how absurd your viewpoint is. And I feel doing it quite sucecssfully.


Only in your own little head.

 SilverMK2 wrote:

So the answer to you is no, because the KKK mentality you are suggesting [ethnic discrimination in churches] is not supported by any denomination, and if any denomination did it wouldn't last long.

And yet it was highly prevelent within the lifetime of not a few parishioners currently attending churches all over the US, and indeed can still be found in plenty of places of worship even now...


Highly prevalent? That sort of discrimination was never highly prevalent in the UK or US in the post slavery era. And in fact in the slavery era church attendance was encouraged, not prohibited. Your pandering to your own petty hatreds, please stop.
If you bothered to look at the facts you will find that blacks in the UK and African Americans are very heavily represented in the churches. It so prevalent that the black congregation choir is one of Americas cultural memes, as is the black pastor. In the Uk at least if the ethnic discrimination you are dreaming about actually occurred half the churches would have to close, including the denominations which are strongly growing.

I cannot account for every single hick extremist church, but those churches aren't really churches, and allowing that Christianity is the largest religion on the planet and in the US/Uk both, it will only be a tiny unrepresentational minority, and one inevitable in any very large cultural grouping of people.

This cann be extended to other ethnicities and also to other faiths in most cases. Being black in a mosque is not a problem either.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 12:56:26


Post by: Baxx


 Orlanth wrote:

I mentioned orthodox Judaism. With some orthodox Jews, especially Hassids you need to have a Jewish geneology to be accepted at all, and marriage outside ther sect is not acceptable. This happens, its isnt 'discriminatiojn' and nobody complains. Also for reformed Judaism you don't even need a Jewish mother, you can convert.

I think it would be improbable that nobody would complain for such a practice. That nobody would be be quited about their disbelief because of the social consequences of being shut out. Of having to not marrying someone because of these ideas. They are highly discriminatory to me.

Imagine a child of such a family going to school, not being able to fall in love with whomever because of traditions denying it. This is the essence of segregation.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 13:02:03


Post by: Orlanth


 SilverMK2 wrote:
 Ensis Ferrae wrote:
a place that clearly preaches against them, and does not want them.


I think that is the problem right here - I am not sure why such a place should be able to exist. A person or group inciting hatred, regardless who against, should not be protected by the law because they claim that they are getting a big thumbs up from their deity of choice.


Relgious freedom remains in seperation to wisdom. Were I a pastor I would not officiate gay weddings, because the Bible tells me not to, hate doesn't come into it. Gays can get married elsewhere.
Also hate is not exclusive to any group.
Want to close down places of worship because they don't fit your world view, that's hate right there. Hate involves an action to be actionable, if a place of worship doesn't want to proliferate gay marriage so be it. It it riles up members to attack gays with sticks, then you have a case.

 SilverMK2 wrote:

The Church isn't a "business" in the same sense as a bakery, or a car dealership


Why noy? They provide a service, and nominally are able to provide that service to anyone.


They provide a service first to their deity, the to whoever will follow the deity.

 SilverMK2 wrote:

A car dealership cannot refuse to sell you a car because you are gay, or black, or support the Yankees.


But a church is not like a car dealership, a car dealership doesn't have a belief system, for an analogy its more like a political party.

The Labour party is not 'discriminating' if it doesn't choose David Cameron as its party leader. None would accept that as discrimination, but you are forcing something very similar on religions.

 SilverMK2 wrote:

A church that X years ago would not marry a white and a black person cannot today refuse to perform the same service, even if it was the same priest doing the officiating and they held the same viewpoint they did X years ago.


As pointed out mixed race couples wouldn't want to attend such a church.


 SilverMK2 wrote:

Churches perform a legal service when they marry two people; as a functionary of the state in this activity they should be bound by the same rules as any other person working on behalf of the state. Ie they should not be able to refuse their services because of their own personal beliefs.


That would be wrong. What is hilarious about the comment is that it is restricted to 'churches'.
Nobody even tries to think about imposing that level of 'equality' on a mosque or synagogue. In fact you could find several equal opportunity related reasons not to interfere.
Atheists are certainly enabled to hold personal beliefs, so can polirtcal organisations, different ethnicities and most religious groups seen as attached to those ethnicites. You can also have politicicise LCBT groups.
But not Christians, curious that.

 SilverMK2 wrote:

If however certain curches/priests want to hand back their state-granted powers to perform marriages and instead perform only non-legally valid "Religious Unions" instead, with a seperate legal marriage having to be conducted by a representative of the state,


So your solution is ban religious marriage.


Give in to your hatred


 SilverMK2 wrote:

then I think that would allow them to descriminate against people they don't want to serve as much as they want within the law. This of course may also impact upon their ability to remain tax free institutions, but I am sure that is a case for another topic.


Hold on, after your tirade against 'discrimination' you now say that 'discrimination' is legally acceptable so long as its taxed and has no ability to officiate civic ceremony.
Please make up your mind, at face value your comments make no sense.
Actually its fairly clear from an external point of view, reading between the lines you are perfectly happy so long as the 'church' is bashed.
On the tax issue some religious institutions can make money, but the vast majority do not because religion as a whole is not profit minded and often contrary to aquiring such. Yet the tax exempt status has to be blanket legislation in order to be fair.


Automatically Appended Next Post:
Baxx wrote:
 Orlanth wrote:

I mentioned orthodox Judaism. With some orthodox Jews, especially Hassids you need to have a Jewish geneology to be accepted at all, and marriage outside ther sect is not acceptable. This happens, its isnt 'discriminatiojn' and nobody complains. Also for reformed Judaism you don't even need a Jewish mother, you can convert.

I think it would be improbable that nobody would complain for such a practice. That nobody would be be quited about their disbelief because of the social consequences of being shut out. Of having to not marrying someone because of these ideas. They are highly discriminatory to me.

Imagine a child of such a family going to school, not being able to fall in love with whomever because of traditions denying it. This is the essence of segregation.


Understandable, but you can't/shouldn't legally fix everything. Hassidic Judaism has lasted a very long time without anyone needing to legislate against it.
I can imagine that a Hassid might fall in love with the wrong person and want to remain a Hassid and try to challenge the ruling, but Hassids survive on the principle that their standards are not for sale, but members can leave if they wish. Some do. Amish are very similar, and even have a time called raumspringer when a young Amish is to go out into the world and choose whether to stay there or return. Its a workable system.

By and large these religious sects need to be left alone to get on with it, they don't cause trouble in the larger community and legislation is not the answer.

We have seat belt legislation because of the large risk of car accidents, it car accidents were almost unheard of, but could occur seat belt legislation might not exist. Likewise there might be fringe cases, but fringe cases are not cause for globalised legislation, in fact the opposite is true, if a lawful minority would be penalised by legislation then that is normally grounds not to legislate.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 18:17:13


Post by: DarkLink


Seat-belt laws are actually not really relevant. Driving on public roads is not a right, it's a privileged, and if you want to have that privilege you must abide by the rules dictated to you. You can drive on your own property any way you want, but on public roads you have to follow the relevant laws. The rules are more concerned with public safety than individual freedom, ergo the rules dictate you must wear a seat belt because you'd be an idiot not to*.

Meanwhile, the freedom to practice religion is a right. Determining where your rights end and another person's begins is the tricky part.




*Reminds me of a news article I found a few years ago. A student activist who wrote for the university newspaper at Chico State was protesting seatbelt laws in his column. He felt he should have the freedom to chose to wear a seatbelt. Then, he got in a car accident while he was not wearing his seatbelt. He was ejected from his vehicle and died on impact.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 19:07:23


Post by: KalashnikovMarine


 Yodhrin wrote:
Yeah, on the one hand, it seems pretty open and shut. On the other hand; SCOTUS declared corporations were people, so we're evidently dealing with people who're somewhat detached from reality.


Your courts have decided the same, the doctrine of corporate personhood has been global legal reality for a very long time. It's quite useful too, and not just for the corps.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 19:18:06


Post by: dogma


 KalashnikovMarine wrote:

Your courts have decided the same, the doctrine of corporate personhood has been global legal reality for a very long time. It's quite useful too, and not just for the corps.


Right, but most places distinguish between natural and legal persons when rights are concerned.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 20:38:16


Post by: Yodhrin


 dogma wrote:
 KalashnikovMarine wrote:

Your courts have decided the same, the doctrine of corporate personhood has been global legal reality for a very long time. It's quite useful too, and not just for the corps.


Right, but most places distinguish between natural and legal persons when rights are concerned.


This. Most countries have a concept of corporate personhood, but SCOTUS ruled that corporate personhood is equivalent to being an actual individual person. That's flying rodent gak crazy.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/18 21:38:15


Post by: whembly


 Yodhrin wrote:
Yeah, on the one hand, it seems pretty open and shut. On the other hand; SCOTUS declared corporations were people, so we're evidently dealing with people who're somewhat detached from reality.

Read up more on why SCOTUS declared corporations "people". Because otherwise, among other things, you couldn't sue companies.

In any event, I'm changing my prediction a bit. It's either going to be unanimous favoring SSM, or they'll kick it to a "states right" with the caveat that states must recognize out of state marriages.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/19 09:07:06


Post by: dogma


 whembly wrote:

Read up more on why SCOTUS declared corporations "people". Because otherwise, among other things, you couldn't sue companies.


You could still sue them. It is possible to sue unincorporated groups. What incorporation does is eliminate the ability to sue individuals directly for actions they have taken under the aegis of the corporation.

 whembly wrote:

In any event, I'm changing my prediction a bit. It's either going to be unanimous favoring SSM, or they'll kick it to a "states right" with the caveat that states must recognize out of state marriages.


I highly doubt it will be a unanimous decision regarding either question, but it would be pretty difficult to argue that specifically refusing to recognize same-sex marriages performed out of state does not violate the equal protection clause.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/19 11:36:09


Post by: Yodhrin


 whembly wrote:
 Yodhrin wrote:
Yeah, on the one hand, it seems pretty open and shut. On the other hand; SCOTUS declared corporations were people, so we're evidently dealing with people who're somewhat detached from reality.

Read up more on why SCOTUS declared corporations "people". Because otherwise, among other things, you couldn't sue companies.

In any event, I'm changing my prediction a bit. It's either going to be unanimous favoring SSM, or they'll kick it to a "states right" with the caveat that states must recognize out of state marriages.


Keep reading past that post. There is a distinction between "corporate personhood" and "corporations are people". Expanding the former to the latter is lunacy.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/19 14:55:40


Post by: Rainbow Dash


 Orlanth wrote:
 SilverMK2 wrote:
 Ensis Ferrae wrote:
a place that clearly preaches against them, and does not want them.


I think that is the problem right here - I am not sure why such a place should be able to exist. A person or group inciting hatred, regardless who against, should not be protected by the law because they claim that they are getting a big thumbs up from their deity of choice.


Relgious freedom remains in seperation to wisdom. Were I a pastor I would not officiate gay weddings, because the Bible tells me not to, hate doesn't come into it. Gays can get married elsewhere.
Also hate is not exclusive to any group.
Want to close down places of worship because they don't fit your world view, that's hate right there. Hate involves an action to be actionable, if a place of worship doesn't want to proliferate gay marriage so be it. It it riles up members to attack gays with sticks, then you have a case.


I can respect that viewpoint, religion is like a club, if you don't want to follow the club's rules, don't join the club.
When the club starts getting its rules involved in your life when you don't want them...then that's where the problems start, to me.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/19 15:40:27


Post by: Easy E


Nothing like stepping in on a Fait Accompli before the final curtain to try and take some sort of legacy credits, amirite Judges?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/19 23:43:51


Post by: Crimson Heretic


people have a right in america to be free, to seek happiness...if your homosexual you should have the right to happiness..its mostly bible beaters that are stopping people of alternative lifestyles from getting what they are seeking..in my experience and what i've noticed of culture is that everybody is expected to be another sheep in the herd, and thats not right..long as somebody isen't hurting others in their pursuit of happiness it shoulden't matter at all what they do or want to do


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 00:14:32


Post by: Ouze


 Easy E wrote:
Nothing like stepping in on a Fait Accompli before the final curtain to try and take some sort of legacy credits, amirite Judges?


Well said. I guess Roberts still gets to make a historic decision.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 00:18:12


Post by: Medium of Death


I'm sure glad we're talking about gay marriage again.

The amount of time that's focused on it must mean we're just on the cusp of Utopia and there aren't more pressing matters to deal with.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 00:45:36


Post by: MrDwhitey


That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:06:21


Post by: Medium of Death


 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:07:57


Post by: Hordini


 Medium of Death wrote:
I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


Some churches are very welcoming to the LGBTQ community.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:11:46


Post by: Medium of Death


 Hordini wrote:
 Medium of Death wrote:
I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


Some churches are very welcoming to the LGBTQ community.


They must be sinful, wicked, things.

It just feels very tacked on to me.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:14:14


Post by: Hordini


 Medium of Death wrote:
 Hordini wrote:
 Medium of Death wrote:
I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


Some churches are very welcoming to the LGBTQ community.


They must be sinful, wicked, things.

It just feels very tacked on to me.



I don't know why you'd say that. The ones I've heard of sound pretty nice, and if you actually listen to anything they have to say, it's not tacked on at all. On the contrary, they're actually practicing what they preach.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:20:56


Post by: Medium of Death


Maybe being too skeptical...

I know there's a lot of things that haven't been practiced in Christianity for a while but I thought Homosexuality has pretty much been a no go up until extremely recently.

It's still a no go for Catholics IIRC, but they "hate the sin, love the sinner". Can't remember where I heard that. There's a lot of other denominations that it' a no go for too.

I assume it's not the case in an LGBT (What's the Q for?) churches?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 01:53:30


Post by: Ensis Ferrae


 Medium of Death wrote:

It's still a no go for Catholics IIRC, but they "hate the sin, love the sinner". Can't remember where I heard that.



Pope Francis is currently one who says similar things to that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 02:41:33


Post by: skyth


 Medium of Death wrote:
 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


I believe that this is what we call a red herring...or maybe the Chewbacca defence. Marriage, as far as the government is concerned, has nothing to do with religion. No one is seriously arguing that churches should be forced to marry same sex couples.

Thus the dumb bigots opposed to it with arguments that basically boil down to either 'gays are icky' and/or 'you must follow the rules of my religion'. Neither of which are really well thought out arguments.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 03:47:48


Post by: Co'tor Shas


 Medium of Death wrote:
Maybe being too skeptical...

I know there's a lot of things that haven't been practiced in Christianity for a while but I thought Homosexuality has pretty much been a no go up until extremely recently.

It's still a no go for Catholics IIRC, but they "hate the sin, love the sinner". Can't remember where I heard that. There's a lot of other denominations that it' a no go for too.

I assume it's not the case in an LGBT (What's the Q for?) churches?

IIRC, it's queer. Which I think means some where in the middle?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 04:02:54


Post by: Medium of Death


Gay and Queer aren't the same any more? Duly noted.

 skyth wrote:
 Medium of Death wrote:
 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


I believe that this is what we call a red herring...or maybe the Chewbacca defence. Marriage, as far as the government is concerned, has nothing to do with religion. No one is seriously arguing that churches should be forced to marry same sex couples.

Thus the dumb bigots opposed to it with arguments that basically boil down to either 'gays are icky' and/or 'you must follow the rules of my religion'. Neither of which are really well thought out arguments.


People seem to shout down the argument that it's not right to accept Gay Marriage but never really say why it isn't right to do so.

http://en.wikipedia.org/wiki/Marriage#Etymology The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE. This in turn is derived from Old French marier (to marry) and ultimately Latin marītāre meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife."[5] The related word "matrimony" derives from the Old French word matremoine which appears around 1300 CE and ultimately derives from Latin mātrimōnium which combines the two concepts mater meaning "mother" and the suffix -monium signifying "action, state, or condition." "[6]


http://www.etymonline.com/index.php?term=marry c.1300, "to give (offspring) in marriage," from Old French marier "to get married; to marry off, give in marriage; to bring together in marriage," from Latin maritare "to wed, marry, give in marriage" (source of Italian maritare, Spanish and Portuguese maridar), from maritus (n.) "married man, husband," of uncertain origin, originally a past participle, perhaps ultimately from "provided with a *mari," a young woman, from PIE root *mari- "young wife, young woman," akin to *meryo- "young man" (source of Sanskrit marya- "young man, suitor").

Meaning "to get married, join (with someone) in matrimony" is early 14c. in English, as is that of "to take in marriage." Said from 1520s of the priest, etc., who performs the rite. Figurative use from early 15c. Related: Married; marrying. Phrase the marrying kind, describing one inclined toward marriage and almost always used with a negative, is attested by 1824, probably short for marrying kind of men, which is from a popular 1756 essay by Chesterfield.

In some Indo-European languages there were distinct "marry" verbs for men and women, though some of these have become generalized. Compare Latin ducere uxorem (of men), literally "to lead a wife;" nubere (of women), perhaps originally "to veil" [Buck]. Also compare Old Norse kvangask (of men) from kvan "wife" (see quean), so, "take a wife;" giptask (of women), from gipta, a specialized use of "to give" (see gift (n.)), so, "to be given."


Seems marriage is pretty well defined to me. To suddenly change it, relatively overnight, should be expected to get some kind opposition.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 04:40:09


Post by: Hordini


Co'tor Shas wrote:
 Medium of Death wrote:


I assume it's not the case in an LGBT (What's the Q for?) churches?

IIRC, it's queer. Which I think means some where in the middle?


Medium of Death wrote:Gay and Queer aren't the same any more? Duly noted.



No, the Q stands for "Questioning," not Queer. Gay and Queer are still the same.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 04:55:50


Post by: d-usa


 Hordini wrote:
Co'tor Shas wrote:
 Medium of Death wrote:


I assume it's not the case in an LGBT (What's the Q for?) churches?

IIRC, it's queer. Which I think means some where in the middle?


Medium of Death wrote:Gay and Queer aren't the same any more? Duly noted.



No, the Q stands for "Questioning," not Queer. Gay and Queer are still the same.



My understanding is that queer boils down to "something non-binary gender attracted to something" with the main point being that gay and lesbian fit into this best "boy/girl" box and that if you don't then you are excluded in the LGBT acronym, and "queer" became a term for "other".

Or something like that...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 06:03:30


Post by: sirlynchmob


 Medium of Death wrote:
 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


trying tell others how to live and who they can or can not marry is dumb. Hasn't it been legal in Scotland for a year now? Tell me, how has that decision negatively affected your life since then? Why do you think it must be agreeable to you? If you don't like it, don't do it. Thinking your opinion should matter to other people is dumb.

Tell me, how do these legal marriages fit into the definitions you choose.
http://thefw.com/weirdest-marriages-of-the-world-photos-videos/

there's states like north carolina with a church doing this:
http://gawker.com/5991270/north-carolina-church-refuses-to-perform-straight-marriages-until-this-right-is-granted-to-same-sex-couples

same sex marriages were happening long before christianity became a fad. Religions are not being co opted, and it is not mandatory for churches to perform them. Some churches willing and openly support marriage equality, and willing open their doors for everyone. Even the bible has a same sex marriage in it. 1 Samuel 18:1 Jonathan became one in spirit with David, and he loved him as himself. It doesn't have to make sense to you, Anyone can be religious, regardless of sexual orientation, or how you identify yourself.

there's thousands of things people do that make no sense to me, but as none of those things negatively affect me or those around me I have no basis to disagree with them. Nor would I try to force my opinions on those things into law.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 06:06:39


Post by: Hordini


 d-usa wrote:
 Hordini wrote:
Co'tor Shas wrote:
 Medium of Death wrote:


I assume it's not the case in an LGBT (What's the Q for?) churches?

IIRC, it's queer. Which I think means some where in the middle?


Medium of Death wrote:Gay and Queer aren't the same any more? Duly noted.



No, the Q stands for "Questioning," not Queer. Gay and Queer are still the same.



My understanding is that queer boils down to "something non-binary gender attracted to something" with the main point being that gay and lesbian fit into this best "boy/girl" box and that if you don't then you are excluded in the LGBT acronym, and "queer" became a term for "other".

Or something like that...


I think gay and lesbian fall under queer, but queer doesn't exclusively refer to gay and lesbian, if that makes sense. I probably should have been clearer in my previous post.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 11:43:39


Post by: Baxx


 Rainbow Dash wrote:

I can respect that viewpoint, religion is like a club, if you don't want to follow the club's rules, don't join the club.
When the club starts getting its rules involved in your life when you don't want them...then that's where the problems start, to me.

And if you won't join the club, you'll get smacked in the head by it.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 12:26:45


Post by: Medium of Death


sirlynchmob wrote:
 Medium of Death wrote:
 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


trying tell others how to live and who they can or can not marry is dumb. Hasn't it been legal in Scotland for a year now? Tell me, how has that decision negatively affected your life since then? Why do you think it must be agreeable to you? If you don't like it, don't do it. Thinking your opinion should matter to other people is dumb.

Tell me, how do these legal marriages fit into the definitions you choose.
http://thefw.com/weirdest-marriages-of-the-world-photos-videos/

there's states like north carolina with a church doing this:
http://gawker.com/5991270/north-carolina-church-refuses-to-perform-straight-marriages-until-this-right-is-granted-to-same-sex-couples

same sex marriages were happening long before christianity became a fad. Religions are not being co opted, and it is not mandatory for churches to perform them. Some churches willing and openly support marriage equality, and willing open their doors for everyone. Even the bible has a same sex marriage in it. 1 Samuel 18:1 Jonathan became one in spirit with David, and he loved him as himself. It doesn't have to make sense to you, Anyone can be religious, regardless of sexual orientation, or how you identify yourself.

there's thousands of things people do that make no sense to me, but as none of those things negatively affect me or those around me I have no basis to disagree with them. Nor would I try to force my opinions on those things into law.


That quote saying the bible has same sex marriage in it seems pretty spurious.

It's a sign of a good argument when you attack the person posing the question, say dumb a lot and then post some clickbait articles. The first article seems to show various examples of mental illness...

Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

Here's what I said a page back.

 Medium of Death wrote:


People seem to shout down the argument that it's not right to accept Gay Marriage but never really say why it isn't right to do so.

http://en.wikipedia.org/wiki/Marriage#Etymology The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE. This in turn is derived from Old French marier (to marry) and ultimately Latin marītāre meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife."[5] The related word "matrimony" derives from the Old French word matremoine which appears around 1300 CE and ultimately derives from Latin mātrimōnium which combines the two concepts mater meaning "mother" and the suffix -monium signifying "action, state, or condition." "[6]


http://www.etymonline.com/index.php?term=marry c.1300, "to give (offspring) in marriage," from Old French marier "to get married; to marry off, give in marriage; to bring together in marriage," from Latin maritare "to wed, marry, give in marriage" (source of Italian maritare, Spanish and Portuguese maridar), from maritus (n.) "married man, husband," of uncertain origin, originally a past participle, perhaps ultimately from "provided with a *mari," a young woman, from PIE root *mari- "young wife, young woman," akin to *meryo- "young man" (source of Sanskrit marya- "young man, suitor").

Meaning "to get married, join (with someone) in matrimony" is early 14c. in English, as is that of "to take in marriage." Said from 1520s of the priest, etc., who performs the rite. Figurative use from early 15c. Related: Married; marrying. Phrase the marrying kind, describing one inclined toward marriage and almost always used with a negative, is attested by 1824, probably short for marrying kind of men, which is from a popular 1756 essay by Chesterfield.

In some Indo-European languages there were distinct "marry" verbs for men and women, though some of these have become generalized. Compare Latin ducere uxorem (of men), literally "to lead a wife;" nubere (of women), perhaps originally "to veil" [Buck]. Also compare Old Norse kvangask (of men) from kvan "wife" (see quean), so, "take a wife;" giptask (of women), from gipta, a specialized use of "to give" (see gift (n.)), so, "to be given."


Seems marriage is pretty well defined to me. To suddenly change it, relatively overnight, should be expected to get some kind opposition.


You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 12:30:07


Post by: reds8n


http://www.amazon.com/gp/product/0226067114/ref=as_li_ss_tl?ie=UTF8&tag=gwinscrea-20&linkCode=as2&camp=1789&creative=390957&creativeASIN=0226067114

http://www.amazon.com/gp/product/0679751645/ref=as_li_ss_tl?ie=UTF8&tag=gwinscrea-20&linkCode=as2&camp=1789&creative=390957&creativeASIN=0679751645



Contrary to myth, Christianity's concept of marriage has not been set in stone since the days of Christ, but has constantly evolved as a concept and ritual. Prof. John Boswell, the late Chairman of Yale University’s history department, discovered that in addition to heterosexual marriage ceremonies in ancient Christian church liturgical documents, there were also ceremonies called the "Office of Same-Sex Union" (10th and 11th century), and the "Order for Uniting Two Men" (11th and 12th century).

These church rites had all the symbols of a heterosexual marriage: the whole community gathered in a church, a blessing of the couple before the altar was conducted with their right hands joined, holy vows were exchanged, a priest officiatied in the taking of the Eucharist and a wedding feast for the guests was celebrated afterwards. These elements all appear in contemporary illustrations of the holy union of the Byzantine Warrior-Emperor, Basil the First (867-886 CE) and his companion John.

Original Article or

A Kiev art museum contains a curious icon from St. Catherine's Monastery on Mt. Sinai in Israel. It shows two robed Christian saints. Between them is a traditional Roman ‘pronubus’ (a best man), overseeing a wedding. The pronubus is Christ. The married couple are both men.

Is the icon suggesting that a gay "wedding" is being sanctified by Christ himself? The idea seems shocking. But the full answer comes from other early Christian sources about the two men featured in the icon, St. Sergius and St. Bacchus, two Roman soldiers who were Christian martyrs. These two officers in the Roman army incurred the anger of Emperor Maximian when they were exposed as ‘secret Christians’ by refusing to enter a pagan temple. Both were sent to Syria circa 303 CE where Bacchus is thought to have died while being flogged. Sergius survived torture but was later beheaded. Legend says that Bacchus appeared to the dying Sergius as an angel, telling him to be brave because they would soon be reunited in heaven.

While the pairing of saints, particularly in the early Christian church, was not unusual, the association of these two men was regarded as particularly intimate. Severus, the Patriarch of Antioch (AD 512 - 518) explained that, "we should not separate in speech they [Sergius and Bacchus] who were joined in life". This is not a case of simple "adelphopoiia." In the definitive 10th century account of their lives, St. Sergius is openly celebrated as the "sweet companion and lover" of St. Bacchus. Sergius and Bacchus's close relationship has led many modern scholars to believe they were lovers. But the most compelling evidence for this view is that the oldest text of their martyrology, written in New Testament Greek describes them as "erastai,” or "lovers". In other words, they were a male homosexual couple. Their orientation and relationship was not only acknowledged, but it was fully accepted and celebrated by the early Christian church, which was far more tolerant than it is today.

Contrary to myth, Christianity's concept of marriage has not been set in stone since the days of Christ, but has constantly evolved as a concept and ritual.

Prof. John Boswell, the late Chairman of Yale University’s history department, discovered that in addition to heterosexual marriage ceremonies in ancient Christian church liturgical documents, there were also ceremonies called the "Office of Same-Sex Union" (10th and 11th century), and the "Order for Uniting Two Men" (11th and 12th century).

These church rites had all the symbols of a heterosexual marriage: the whole community gathered in a church, a blessing of the couple before the altar was conducted with their right hands joined, holy vows were exchanged, a priest officiatied in the taking of the Eucharist and a wedding feast for the guests was celebrated afterwards. These elements all appear in contemporary illustrations of the holy union of the Byzantine Warrior-Emperor, Basil the First (867-886 CE) and his companion John.

Such same gender Christian sanctified unions also took place in Ireland in the late 12thand/ early 13th century, as the chronicler Gerald of Wales (‘Geraldus Cambrensis’) recorded.

Same-sex unions in pre-modern Europe list in great detail some same gender ceremonies found in ancient church liturgical documents. One Greek 13th century rite, "Order for Solemn Same-Sex Union", invoked St. Serge and St. Bacchus, and called on God to "vouchsafe unto these, Thy servants [N and N], the grace to love one another and to abide without hate and not be the cause of scandal all the days of their lives, with the help of the Holy Mother of God, and all Thy saints". The ceremony concludes: "And they shall kiss the Holy Gospel and each other, and it shall be concluded".

Another 14th century Serbian Slavonic "Office of the Same Sex Union", uniting two men or two women, had the couple lay their right hands on the Gospel while having a crucifix placed in their left hands. After kissing the Gospel, the couple were then required to kiss each other, after which the priest, having raised up the Eucharist, would give them both communion.

Records of Christian same sex unions have been discovered in such diverse archives as those in the Vatican, in St. Petersburg, in Paris, in Istanbul and in the Sinai, covering a thousand-years from the 8th to the 18th century.

The Dominican missionary and Prior, Jacques Goar (1601-1653), includes such ceremonies in a printed collection of Greek Orthodox prayer books, “Euchologion Sive Rituale Graecorum Complectens Ritus Et Ordines Divinae Liturgiae” (Paris, 1667).

While homosexuality was technically illegal from late Roman times, homophobic writings didn’t appear in Western Europe until the late 14th century. Even then, church-consecrated same sex unions continued to take place.

At St. John Lateran in Rome (traditionally the Pope's parish church) in 1578, as many as thirteen same-gender couples were joined during a high Mass and with the cooperation of the Vatican clergy, "taking communion together, using the same nuptial Scripture, after which they slept and ate together" according to a contemporary report. Another woman to woman union is recorded in Dalmatia in the 18th century.

Prof. Boswell's academic study is so well researched and documented that it poses fundamental questions for both modern church leaders and heterosexual Christians about their own modern attitudes towards homosexuality.

For the Church to ignore the evidence in its own archives would be cowardly and deceptive. The evidence convincingly shows that what the modern church claims has always been its unchanging attitude towards homosexuality is, in fact, nothing of the sort.

It proves that for the last two millennia, in parish churches and cathedrals throughout Christendom, from Ireland to Istanbul and even in the heart of Rome itself, homosexual relationships were accepted as valid expressions of a God-given love and committment to another person, a love that could be celebrated, honored and blessed, through the Eucharist in the name of, and in the presence of, Jesus Christ.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 12:50:39


Post by: Medium of Death


Homosexual man, who struggled to rationalise his faith with his sexuality, cherry picks examples from history to promote agenda?

I think the overwhelming amount of times that Gay Marriage hasn't been practiced would show that even if his claims are valid that it'd be the exception rather than the rule.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 13:00:20


Post by: reds8n


 Medium of Death wrote:
Homosexual man, who struggled to rationalise his faith with his sexuality, cherry picks examples from history to promote agenda?



It's a sign of a good argument when you attack the person.
....


Indeed.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 13:12:53


Post by: Medium of Death


Am I attacking him for restating what is written about him?

Is calling him homosexual an attack or a fact?

Could it be the basis for him wanting to justifiably reconcile his sexuality and faith?

Try harder.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 13:15:05


Post by: dogma


 Medium of Death wrote:
Am I attacking him for restating what is written about him?


This...

...cherry picks examples from history to promote agenda?


...is an obvious personal attack.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 13:21:53


Post by: reds8n


 Medium of Death wrote:
Am I attacking him for restating what is written about him?


Cherry picking is a term he uses or of support is it ?

Try harder.


When your sole argument is in fact the development not of human beings and their relationships but of that of the ontology of linguistic development in a very small area of the world, and ignores the many changes that have already happened to marriage - even if we restrict it solely to the era post the definition you produced earlier involves, one would suggest that it is you who needs to "try harder" with regards to the topic at hand.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 13:23:26


Post by: streamdragon


I always find Christian fascination and glorification of marriage to be hysterically funny. I mean, look even to the middle ages, strongest era for the Church, and you see marriage was not about love, romance or anything it is commonly associated with now. It was about political maneuvering, shifting property, securing bloodlines and inheritance rights; in short: money and power.

So frelling romantic, that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:13:31


Post by: Medium of Death


 reds8n wrote:
 Medium of Death wrote:
Am I attacking him for restating what is written about him?


Cherry picking is a term he uses or of support is it ?

Try harder.


When your sole argument is in fact the development not of human beings and their relationships but of that of the ontology of linguistic development in a very small area of the world, and ignores the many changes that have already happened to marriage - even if we restrict it solely to the era post the definition you produced earlier involves, one would suggest that it is you who needs to "try harder" with regards to the topic at hand.


The exact debate is framed around an area of the world, the West, that has been dominated by Christianity for over a millennium. I feel that taking the European etymology of the word marriage to be pretty valid. This is especially so when I'm trying to put forward a point that there might be a reason that it is opposed by conservative Christians and that simply calling them "bigots" as a shut down is misplaced. Bigot now meaning "somebody who doesn't approve of me" rather than being intolerant. You can tolerate something without actually liking or endorsing it.

I would say it is cherry picked.

Cherry picking, suppressing evidence, or the fallacy of incomplete evidence is the act of pointing to individual cases or data that seem to confirm a particular position, while ignoring a significant portion of related cases or data that may contradict that position. It is a kind of fallacy of selective attention, the most common example of which is the confirmation bias.


Confirmation bias, also called myside bias, is the tendency to search for, interpret, or recall information in a way that confirms one's beliefs or hypotheses.


The kind of venomous shouting of "It's a legal term!", "Laws Change", "Times change, deal with it!" or that somehow that this is about individuals rather than rapid changes in society would really have me on the defensive if I were a conservative Christian. It doesn't really foster any kind of comfort that this isn't going to be forced upon those with conservative values in their places of worship or in their daily lives. If it isn't a religious term why is there a need for people to get married in Churches? Even typically non-religious people tend to go through the motions of religious ceremony for this very purpose.




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:20:26


Post by: Frazzled


 streamdragon wrote:
I always find Christian fascination and glorification of marriage to be hysterically funny. I mean, look even to the middle ages, strongest era for the Church, and you see marriage was not about love, romance or anything it is commonly associated with now. It was about political maneuvering, shifting property, securing bloodlines and inheritance rights; in short: money and power.

So frelling romantic, that.


Really, THATS what you find hysterically funny? You should get out more.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:47:16


Post by: sirlynchmob


 Medium of Death wrote:


Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


Lets see, about the romans: You are incorrect.
At least two of the Roman Emperors were in same-sex unions; and in fact, thirteen out of the first fourteen Roman Emperors held to be bisexual or exclusively homosexual.
http://en.wikipedia.org/wiki/History_of_same-sex_unions

It's not being forced on anyone, no one is going to force you to do it.


The kind of venomous shouting of "It's a legal term!", "Laws Change", "Times change, deal with it!" or that somehow that this is about individuals rather than rapid changes in society would really have me on the defensive if I were a conservative Christian. It doesn't really foster any kind of comfort that this isn't going to be forced upon those with conservative values in their places of worship or in their daily lives. If it isn't a religious term why is there a need for people to get married in Churches? Even typically non-religious people tend to go through the motions of religious ceremony for this very purpose.


It is about individuals, especially in the states. if everyone accepted your logic here, interracial marriages would still be illegal, immoral, and leading to the downfall of mankind. It took 50ish years after the government stepped in and said interracial marriages are ok, for even most of society to accept it and deal with it, christians were wrong then and are just as wrong now, and in 50 years it will be just as accepted as a norm. What I find funny is the churches are using the same arguments they used against interracial marriages and recycled them for same sex marriages.

There is no need for anyone to get married in a church, there is no need to go through any ceremony. All you need is a friend to spend 10 mins online to become able to perform marriages ( your country may vary) sit down, sign the papers, done. Or even just live with someone long enough and you'll be considered married.

This whole idea it will be forced on anyone is sheer nonsense.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:54:21


Post by: reds8n


 Medium of Death wrote:


The exact debate is framed around an area of the world, the West, that has been dominated by Christianity for over a millennium. I feel that taking the European etymology of the word marriage to be pretty valid.


And that word just came out of nowhere did it ?

Or did that "evolve" too from an earlier term or phrase ?

This is especially so when I'm trying to put forward a point that there might be a reason that it is opposed by conservative Christians


Thus far you don't really appear to be doing that. I don't see what argument you're putting forwards other than A. Dictionary definition -- issues here you're more than aware of -- and B. some sort of general slippery slope argument ?

and that simply calling them "bigots" as a shut down is misplaced. Bigot now meaning "somebody who doesn't approve of me" rather than being intolerant. You can tolerate something without actually liking or endorsing it.


Quite right.

But when you want to actively prevent others from doing something because you don't like or agree with you step over the -- admittedly somewhat nebulous -- divide.

Or are saying we should outlaw or prohibit vegetarianism too ( for example ) ?

One would suggest even that it's far more likely that "going veggie" is something that's far more likely to be foisted or pushed upon others than gay marriage is.

And would appear to have less historical evidence for it being a common thing amongst humans -- at least in the regions we're referring to anyway.

The kind of venomous shouting of "It's a legal term!", "Laws Change", "Times change, deal with it!" or that somehow that this is about individuals rather than rapid changes in society would really have me on the defensive if I were a conservative Christian.



Quite possibly.

Of course those are true as well though.

As is the fact that marriage has changed from what has been in the past -- divorce and the rationale/commonality of being the main one -- and the issue of this one would suggest is pretty much the raison d'etre for a fairly significant branch of the Xtian faith that went on to have quite an immediate impact on the whole world.

We also -- in general -- don't marry off what we consider to be children to people they've never met in order to secure peace treaties or the like -- that often turn out not to be worth the parchment they're scribed upon.. alas ... -- as was done before in this region.

There's also, perhaps, an argument to be made that we expect/force people from outside the area we're talking about to conform to our norms and rules -- arranged marriages, polygamy and so forth being a no no -- but one suspects that's probably a bit too much of a tangent and not strictly relevant. So gonna leave that here.

It doesn't really foster any kind of comfort that this isn't going to be forced upon those with conservative values in their places of worship or in their daily lives. If it isn't a religious term why is there a need for people to get married in Churches? Even typically non-religious people tend to go through the motions of religious ceremony for this very purpose.


If we're going to go slippery slope was's more likely :

That a large and dominant group that crosses all sectors of society will, somehow, be forced to .. I dunno ..? Marry a gay ? For most people it will have no affect on their day to day lives. Anymore so than the latest celebrity Vegas marriage, people renewing their vows or indeed the existence/acceptance of secular marriages or even those of other faiths.

My understanding is that Churches/similar have been told they won't have to do X/Y/Z and really , fearmongering aside, one sees very little evidence that this is not the case or is going to change.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:56:25


Post by: CptJake


sirlynchmob wrote:
 Medium of Death wrote:


Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


Lets see, about the romans: You are incorrect.
At least two of the Roman Emperors were in same-sex unions; and in fact, thirteen out of the first fourteen Roman Emperors held to be bisexual or exclusively homosexual.
http://en.wikipedia.org/wiki/History_of_same-sex_unions



And just below where you grabbed your info:

It should be noted, however, that conubium existed only between a civis Romanus and a civis Romana (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 14:58:43


Post by: AlmightyWalrus


 Medium of Death wrote:
sirlynchmob wrote:
 Medium of Death wrote:
 MrDwhitey wrote:
That or more than one matter can be addressed at a time.

Maybe if some dumb bigots would stop being dumb bigots the matter would be resolved...


How ironic.

What is exactly "dumb" about not agreeing with Homosexual marriage?

I think the fear from those "bigots" is that it would somehow pervert their faith, with it being mandatory that they be allowed to marry in a church.

I'm not religious and I don't particularly hold "gay marriage" as on my top priority lists but the term is free range as far as I'm concerned. Religions need not be co-opted by this however.

I have no idea why you'd still want to take part in religion if you were gay. It makes little sense to me.


trying tell others how to live and who they can or can not marry is dumb. Hasn't it been legal in Scotland for a year now? Tell me, how has that decision negatively affected your life since then? Why do you think it must be agreeable to you? If you don't like it, don't do it. Thinking your opinion should matter to other people is dumb.

Tell me, how do these legal marriages fit into the definitions you choose.
http://thefw.com/weirdest-marriages-of-the-world-photos-videos/

there's states like north carolina with a church doing this:
http://gawker.com/5991270/north-carolina-church-refuses-to-perform-straight-marriages-until-this-right-is-granted-to-same-sex-couples

same sex marriages were happening long before christianity became a fad. Religions are not being co opted, and it is not mandatory for churches to perform them. Some churches willing and openly support marriage equality, and willing open their doors for everyone. Even the bible has a same sex marriage in it. 1 Samuel 18:1 Jonathan became one in spirit with David, and he loved him as himself. It doesn't have to make sense to you, Anyone can be religious, regardless of sexual orientation, or how you identify yourself.

there's thousands of things people do that make no sense to me, but as none of those things negatively affect me or those around me I have no basis to disagree with them. Nor would I try to force my opinions on those things into law.


That quote saying the bible has same sex marriage in it seems pretty spurious.

It's a sign of a good argument when you attack the person posing the question, say dumb a lot and then post some clickbait articles. The first article seems to show various examples of mental illness...

Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

Here's what I said a page back.

 Medium of Death wrote:


People seem to shout down the argument that it's not right to accept Gay Marriage but never really say why it isn't right to do so.

http://en.wikipedia.org/wiki/Marriage#Etymology The word "marriage" derives from Middle English mariage, which first appears in 1250–1300 CE. This in turn is derived from Old French marier (to marry) and ultimately Latin marītāre meaning to provide with a husband or wife and marītāri meaning to get married. The adjective marīt-us -a, -um meaning matrimonial or nuptial could also be used in the masculine form as a noun for "husband" and in the feminine form for "wife."[5] The related word "matrimony" derives from the Old French word matremoine which appears around 1300 CE and ultimately derives from Latin mātrimōnium which combines the two concepts mater meaning "mother" and the suffix -monium signifying "action, state, or condition." "[6]


Seems marriage is pretty well defined to me. To suddenly change it, relatively overnight, should be expected to get some kind opposition.


You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


Are you reading your own sources? Because it sure doesn't look like you do to me.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:03:00


Post by: streamdragon


 Frazzled wrote:
 streamdragon wrote:
I always find Christian fascination and glorification of marriage to be hysterically funny. I mean, look even to the middle ages, strongest era for the Church, and you see marriage was not about love, romance or anything it is commonly associated with now. It was about political maneuvering, shifting property, securing bloodlines and inheritance rights; in short: money and power.

So frelling romantic, that.


Really, THATS what you find hysterically funny? You should get out more.


That and videos of people getting owned by their dogs. Nothing makes me laugh quite like a dude taking a nut shot from his dog.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:20:38


Post by: sirlynchmob


 CptJake wrote:
sirlynchmob wrote:
 Medium of Death wrote:


Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


Lets see, about the romans: You are incorrect.
At least two of the Roman Emperors were in same-sex unions; and in fact, thirteen out of the first fourteen Roman Emperors held to be bisexual or exclusively homosexual.
http://en.wikipedia.org/wiki/History_of_same-sex_unions



And just below where you grabbed your info:

It should be noted, however, that conubium existed only between a civis Romanus and a civis Romana (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).




Right, it wasn't legally accepted, but it was accepted in the eyes of god that they were married. It's a spiritual thing right? I bet it was a nice religious ceremony.

But you said it wasn't done, I found 2 cases where it was done.
(apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases)
No legal standing for the common men, but the emperor's counted as his was apart from those.

You claim it never happened in europe, yet from the same article: Spain is in europe right?
A same-sex marriage between the two men Pedro Díaz and Muño Vandilaz in the Galician municipality of Rairiz de Veiga in Spain occurred on 16 April 1061. They were married by a priest at a small chapel. The historic documents about the church wedding were found at Monastery of San Salvador de Celanova.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:21:30


Post by: Frazzled


 reds8n wrote:
 Medium of Death wrote:

But when you want to actively prevent others from doing something because you don't like or agree with you step over the -- admittedly somewhat nebulous -- divide.


I just have to quibble on that particular point. All societies do that all the time. Thats what laws are. By their nature they are limiting events.


Automatically Appended Next Post:
 streamdragon wrote:
 Frazzled wrote:
 streamdragon wrote:
I always find Christian fascination and glorification of marriage to be hysterically funny. I mean, look even to the middle ages, strongest era for the Church, and you see marriage was not about love, romance or anything it is commonly associated with now. It was about political maneuvering, shifting property, securing bloodlines and inheritance rights; in short: money and power.

So frelling romantic, that.


Really, THATS what you find hysterically funny? You should get out more.


That and videos of people getting owned by their dogs. Nothing makes me laugh quite like a dude taking a nut shot from his dog.


Well thankfully thats less of a common occurrence in the Frazzled household. Rusty the Mountain Dog does like to goose people in the butt as they go by though. For him that joke never gets old.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:24:46


Post by: reds8n


Oh indeed.

IN fact one would suggest the essence of society is -- to a degree -- restriction and compromise.

And of course laws can be and are changed, even if it takes a long time.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:25:42


Post by: CptJake


sirlynchmob wrote:
 CptJake wrote:
sirlynchmob wrote:
 Medium of Death wrote:


Same sex marriage has been a thing since forever? The Romans or Greeks didn't practice it, homosexual acts certainly were but not marriage, and I doubt it was practiced in Europe.

You can keep projecting that I have a problem with this if you like. I'm merely pointing out that screaming "bigot" isn't really going to make this argument go away. It only increases the feeling that this will be forced upon people.


Lets see, about the romans: You are incorrect.
At least two of the Roman Emperors were in same-sex unions; and in fact, thirteen out of the first fourteen Roman Emperors held to be bisexual or exclusively homosexual.
http://en.wikipedia.org/wiki/History_of_same-sex_unions



And just below where you grabbed your info:

It should be noted, however, that conubium existed only between a civis Romanus and a civis Romana (that is, between a male Roman citizen and a female Roman citizen), so that a marriage between two Roman males (or with a slave) would have no legal standing in Roman law (apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases).




Right, it wasn't legally accepted, but it was accepted in the eyes of god that they were married. It's a spiritual thing right? I bet it was a nice religious ceremony.

But you said it wasn't done, I found 2 cases where it was done.
(apart, presumably, from the arbitrary will of the emperor in the two aforementioned cases)
No legal standing for the common men, but the emperor's counted as his was apart from those.

You claim it never happened in europe, yet from the same article: Spain is in europe right?
A same-sex marriage between the two men Pedro Díaz and Muño Vandilaz in the Galician municipality of Rairiz de Veiga in Spain occurred on 16 April 1061. They were married by a priest at a small chapel. The historic documents about the church wedding were found at Monastery of San Salvador de Celanova.


Care to quote where I claimed any of the things you are saying I did? The post you just quoted is my only one in the topic so I would love to see you do so.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:29:35


Post by: Frazzled


 reds8n wrote:
Oh indeed.

IN fact one would suggest the essence of society is -- to a degree -- restriction and compromise.

And of course laws can be and are changed, even if it takes a long time.



This is true as well.

Personally I don't think SCOTUS should have taken this case. Its being settled remarkably quickly in the states, with public opinion and consensus shifting. Make some overarching court case and you risk pulling an RvW and freezing the controversy in place for decades. if SCOTUS really wanted, a better idea would have been to sit for five year years and then find a case, as the matter would effectively be settled then.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:34:43


Post by: SilverMK2


 Orlanth wrote:
Relgious freedom remains in seperation to wisdom. Were I a pastor I would not officiate gay weddings, because the Bible tells me not to, hate doesn't come into it. Gays can get married elsewhere.


Hate appears to come into it fairly often unfortunately, although I entirely accept that one can come to the same effective conclusion without hate.

Want to close down places of worship because they don't fit your world view, that's hate right there. Hate involves an action to be actionable, if a place of worship doesn't want to proliferate gay marriage so be it. It it riles up members to attack gays with sticks, then you have a case.


I have zero objection to places which don't fit my world view. I've been to quite a number of religious services in my time and had/have a number of religious friends entirely without objection to their beliefs or how they go about things. I have an objection to places which espouse hatred and discrimination against people. On a separate note, I have a significant issue with this being done on little to no evidence. This would be regardless of the source, religious, scientific, cultural, etc.

They provide a service first to their deity, the to whoever will follow the deity.


And this makes them less of a business?

But a church is not like a car dealership, a car dealership doesn't have a belief system, for an analogy its more like a political party.


Apparently businesses can have beliefs, certainly if the whole Hobby Lobby thing is anything to go by

Although one could say that if a business cannot have a belief system, then it is the ideals of the people who run the business that are being espoused, which would be an interesting angle to look at churches and the priests who refuse to perform certain services because of their personal beliefs.

The Labour party is not 'discriminating' if it doesn't choose David Cameron as its party leader. None would accept that as discrimination, but you are forcing something very similar on religions.


However, the service provided by the Labour party is not to have DC as its leader. The service of the Labour party (nominally) is to provide a political voice to its members/supporters. DC could certainly represent the Labour party and provide this service as could any other qualified individual, regardless of their (political) beliefs.

As pointed out mixed race couples wouldn't want to attend such a church.


And might that have something to do with all the hatred and discrimination by that church/priest?


That would be wrong.


Care to expand on that?

What is hilarious about the comment is that it is restricted to 'churches'.
Nobody even tries to think about imposing that level of 'equality' on a mosque or synagogue. In fact you could find several equal opportunity related reasons not to interfere.


When "other" religions make up a significant proportion of Western society and the governments of those societies then I am sure you will see a push to equalise those religious groups. However, since in the US, "Christianity" makes up an overwhelming majority of the population and an even more overwhelming proportion of its government, it is entirely reasonable to focus on Christianity. Not that there are not groups and individuals who are in fact dedicated to doing just that. Perhaps you don't hear about them for the same reason that people tend to concentrate on Christianity - there is one hell of a lot more contact in the West with Christianity than any other group.

Atheists are certainly enabled to hold personal beliefs, so can polirtcal organisations, different ethnicities and most religious groups seen as attached to those ethnicites. You can also have politicicise LCBT groups.


Not entirely sure what you are talking about here.

But not Christians, curious that.


An excellent attempt to dodge there.

So your solution is ban religious marriage.


Erm... no? Perhaps go back and read that section again.

As agents of the state, religious persons officiating at a marriage should have to follow state and federal laws against discriminating when it comes to offering their services. Those who wish to discriminate should therefore not be able to act as an agent of the state and so should not be able to conduct marriages (where marriage is defined as a legally binding contract between two people). That person should be entirely free to go off and conduct entirely religious ceremonies (for ease of reference, referred to as "Religious Unions"), but the people being united would then be required to go to someone licensed by the state to get married (ie have the legal ceremony of marriage conducted and the appropriate paperwork filed).

Of course, a person could also have an entirely non-religious marriage carried out by a religious person acting as an agent of the state (at their request), or by any other authorised state official (such as a judge or other secular person who is licences to conduct marriages).

Someone wanting a religious marriage is again entirely free to go to a religious authority who remains a state approved agent of the state and have a religious ceremony with legal standing - as currently is the case in most instances.


Hold on, after your tirade against 'discrimination' you now say that 'discrimination' is legally acceptable so long as its taxed and has no ability to officiate civic ceremony.
Please make up your mind, at face value your comments make no sense.


Discrimination is discrimination. The point being that there are forms of discrimination which are currently protected for certain groups and more strongly policed in other groups. A group which accepts state funding and/or tax breaks should be held to the same requirements to conform to the law as any other group which receives state funding or tax breaks; this would mean that they could not discriminate based on gender, sexuality, etc... Currently religious groups enjoy the funding/tax breaks but a protection from being required not to discriminate against people as do all other businesses otherwise in the same position.

As an entirely private entity, Churches would join other groups (such as private member clubs?) which have a limited protection under the law for carrying out certain types of discrimination (such as female/male only gyms), but would not be able to discriminate at will.

Although if you want to take an entirely black and white point of view...

Actually its fairly clear from an external point of view, reading between the lines you are perfectly happy so long as the 'church' is bashed.


Nope, not the case at all. It would be my ideal that any institution, secular or religious, be held to the same standards when it comes to descrimination.

On the tax issue some religious institutions can make money, but the vast majority do not because religion as a whole is not profit minded and often contrary to aquiring such. Yet the tax exempt status has to be blanket legislation in order to be fair.


And taxation is able to be offset against loss/costs. A church which made no money would pay no tax. A church set up as a charitable institution would follow the same tax codes (and have the same requirements for charitable activities) as any other charity.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 15:38:26


Post by: Frazzled


I have zero objection to places which don't fit my world view. I've been to quite a number of religious services in my time and had/have a number of religious friends entirely without objection to their beliefs or how they go about things. I have an objection to places which espouse hatred and discrimination against people. On a separate note, I have a significant issue with this being done on little to no evidence. This would be regardless of the source, religious, scientific, cultural, etc.


So to be clear, again would shut down religions that disagree with you? What about their extended entities: for example Catholic Charities?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:07:37


Post by: Medium of Death


 reds8n wrote:
A lot of reasonable stuff


Thanks for that explanation.

My main reason for posting was really to try and put across the idea that being opposed to gay marriage doesn't make you a bigot and that they're reasonable opinions that conservative Christians have when put into the context of their faith.

I may have failed to represent that argument coherently, but I'm sure others have managed to do so in a logical manner.

I might contest going too far back with the definition of marriage with regard to this mostly Christian vs Gay Rights issue and the formation of our Western societies. Surely it's a matter of context?

Words like bigot just get my goat a little, because they've been watered down and are just used to shut down debate. Every time I see somebody silenced by these words it makes me angry because nobody is explaining anything (I at least tried to!) and people leave with their opinions further entrenched.

The most vivid example was a homeless man on Question Time that said that immigrants were delaying his ability to get housing. He was subsequently boo'd out of the studio, decried as "Racist" as he went, when he was presented with a panel that could have (well theoretically at least, but it is Question Time) explained the broader issues to him. Although the broader issues aren't particularly relevant when you're sleeping rough. Perhaps something along the lines of "While immigrants may be taking up housing stock, it is the failure of current and previous Governments to adequately invest in public housing that has caused this shortage. Immigrants simply seek opportunity, as would anybody given the window to a better life, blaming them for a problem caused by politicians is attacking the symptom not the cause" or something along those lines. Instead the homeless man goes away bitter and further angry at everything. I mean you can see it in Britain with any issue of immigration being automatically being shut down with "Racism!" which has just led to simmering tensions beginning to boil over. It's pretty Orwellian behaviour.

I just think we should all attempt to check that kind of shut down bs when we can. While trying to avoid it ourselves, even if we sometimes indulge in it.

 AlmightyWalrus wrote:

Are you reading your own sources? Because it sure doesn't look like you do to me.


Cuts out one of the quotes to "prove" a point.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:07:45


Post by: SilverMK2


 Orlanth wrote:
i am not saying that at all, and you can only strectch to the assumption because you desire to to fulfill an anti-religious hate fantasy.


So, what exactly are you saying? Or are you only saying I am saying what you think I am saying because of your desire to fulfill a religious persecution fantasy?

I mentioned orthodox Judaism. With some orthodox Jews, especially Hassids you need to have a Jewish geneology to be accepted at all, and marriage outside ther sect is not acceptable. This happens, its isnt 'discriminatiojn' and nobody complains. Also for reformed Judaism you don't even need a Jewish mother, you can convert.


As with most religious beliefs, a certain amount of cultural influence comes up in how that religion is practised. Certainly there are plenty of religious groups within a larger religion which are more or less tolerant of certain behaviours, which may or may not be specifically outlined in their core rule book.

So what you are saying is that Sikhism is a valid example that you can have religions being culturally separated in terms of marriage, therefore you will ignore it.


Nope, I am saying that the cultural development surrounding Sikhism is significantly different to that which surrounds Christianity. My familiarity of Sikhism and the surrounding culture is not high enough to be able to comment on it in any particular detail. For example the differentiation as to what is religiously enforced as a direct point of religious belief, rather than culturally enforced as an interpretation of religious belief (or an external cultural cue) is something that is beyond me when discussing Sikhism, while my familiarity with Christianity and general Western culture is such that I could partake in the equivalent discussion regards Christianity.

Actually we are talking about statute law, its not 'pretty silly' its pretty damn important to look at all the variables.


As far as I am aware, Sikhs are required, when in the West, to follow Western law, the same as any other religious group. As with reporting of discrimination in Christian institutions, it requires people to report. If culturally a religious group is very closed, it becomes more unlikely that someone tangentially related to that group will come into contact with it (ie a Christian couple moves from one church to another, and decides to get married, so comes into contact with the new Church group which may be different to the one they left behind in terms of tolerance of, say, interracial marriage), and reduces the likelihood of a member of the group itself contacting an outside authority.

Hence in any group, the culture which surrounds that group is important to consider, regardless of what the law of the land is.

Only in your own little head.


I thought that what goes on in your head beats reality every time?

Highly prevalent? That sort of discrimination was never highly prevalent in the UK or US in the post slavery era. And in fact in the slavery era church attendance was encouraged, not prohibited. Your pandering to your own petty hatreds, please stop.


You are suggesting that race is not a huge issue in certain parts of America even today? Clearly it is not I who is pandering to a world view which fits what I want to believe.

If you bothered to look at the facts you will find that blacks in the UK and African Americans are very heavily represented in the churches. It so prevalent that the black congregation choir is one of Americas cultural memes, as is the black pastor.


And if you bothered to look at the facts, you will find that in plenty of places Churches were started up for different racial groups by people of that racial group. Whilst integrated church communities certainly do exist, and have existed for a number of years in places, originally Churches in many areas were highly segregated (and in some areas remain so today).

I cannot account for every single hick extremist church, but those churches aren't really churches, and allowing that Christianity is the largest religion on the planet and in the US/Uk both, it will only be a tiny unrepresentational minority, and one inevitable in any very large cultural grouping of people.


No true church?


Automatically Appended Next Post:
 Frazzled wrote:
So to be clear, again would shut down religions that disagree with you?


It would be extremely unlikely that an entire religion would be shut down. Individual churches/temples/etc maybe. Although I can think of a number of secular organisations which may well fall foul of such a policy.

What about their extended entities: for example Catholic Charities?


What about them? If they are breaking a law (proposed or actual), they are breaking a law (proposed or actual). The punishment for breaking said law is laid out and should be supplied where a court of law deems that a breech occurred, tempered by the severity of the breech.

You know, same as any other crime.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:18:14


Post by: d-usa


 Frazzled wrote:
 reds8n wrote:
Oh indeed.

IN fact one would suggest the essence of society is -- to a degree -- restriction and compromise.

And of course laws can be and are changed, even if it takes a long time.



This is true as well.

Personally I don't think SCOTUS should have taken this case. Its being settled remarkably quickly in the states, with public opinion and consensus shifting. Make some overarching court case and you risk pulling an RvW and freezing the controversy in place for decades. if SCOTUS really wanted, a better idea would have been to sit for five year years and then find a case, as the matter would effectively be settled then.


I think this was the plan, but if I recall there was a ruling against same-sex marriage in one of the circuit courts. And don't circuit splits usually force the SCOTUS to make a decision?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:24:14


Post by: Frazzled


I think this was the plan, but if I recall there was a ruling against same-sex marriage in one of the circuit courts. And don't circuit splits usually force the SCOTUS to make a decision?

Just as a point of edification, thats often why SCOTUS will hear a case, but they are not required to. They leave conflicting cases let stand all the time.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:26:55


Post by: hotsauceman1


When I met a man that married a pony plushie, and had it legally recognized by his town, I realized marriage means jack now.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:28:00


Post by: whembly


 Frazzled wrote:
I think this was the plan, but if I recall there was a ruling against same-sex marriage in one of the circuit courts. And don't circuit splits usually force the SCOTUS to make a decision?

Just as a point of edification, thats often why SCOTUS will hear a case, but they are not required to. They leave conflicting cases let stand all the time.

Except for issues that are of high importance.

It's the right call for SCOTUS to weigh into this. It really does follow the same historical trend as some of the civil rights era cases.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:28:06


Post by: Frazzled


It would be extremely unlikely that an entire religion would be shut down. Individual churches/temples/etc maybe. Although I can think of a number of secular organisations which may well fall foul of such a policy.

Wo. Really? That’s dictatorship, and lots of people die when you do that.
What about them? If they are breaking a law (proposed or actual), they are breaking a law (proposed or actual). The punishment for breaking said law is laid out and should be supplied where a court of law deems that a breech occurred, tempered by the severity of the breech.

You know, same as any other crime

So you would criminalize that which you disagree with. How are you any different than they are?

Thats just scary.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:41:05


Post by: Rainbow Dash


Baxx wrote:
 Rainbow Dash wrote:

I can respect that viewpoint, religion is like a club, if you don't want to follow the club's rules, don't join the club.
When the club starts getting its rules involved in your life when you don't want them...then that's where the problems start, to me.

And if you won't join the club, you'll get smacked in the head by it.


And I'd rather die in a pool of my own fear-vomit then join that club! lol

Though I will never agree to forcing a church to marry same sex couples, I mean it's about the marriage licence, not some ceremony.
Regardless if I married a man or a woman, I'm not religious so it only matters about the legality.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:44:32


Post by: sirlynchmob


 Frazzled wrote:
It would be extremely unlikely that an entire religion would be shut down. Individual churches/temples/etc maybe. Although I can think of a number of secular organisations which may well fall foul of such a policy.

Wo. Really? That’s dictatorship, and lots of people die when you do that.
What about them? If they are breaking a law (proposed or actual), they are breaking a law (proposed or actual). The punishment for breaking said law is laid out and should be supplied where a court of law deems that a breech occurred, tempered by the severity of the breech.

You know, same as any other crime

So you would criminalize that which you disagree with. How are you any different than they are?

Thats just scary.


Let me help out silver. No churches would get shut down, with the current laws if no one can shut down the WBC or the KKK, I think all churches will be fine with marriage equality. No one will be criminalized if marriage equality becomes the law of the land.

IMO Charities, shouldn't discriminate. If they're helping the homeless, then they should help all the homeless not just the straight ones. To do so would be discrimination, but there are legal discriminatory charities, like womens shelters, where do men who are battered go? But charities should not threaten to stop doing charity to influence policies like the salvation army tried in NYC. But they're both still operating, no one is shutting them down, not even public opinion.

No church will be forced to perform marriages they don't agree with, but if they did, then the phelps will spend the rest of their lives marrying same sex couples They'd hate it, but think of all the money it would make them.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:46:00


Post by: PhantomViper


Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:47:19


Post by: sirlynchmob


PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


No, it's just fear mongering with no basis in reality.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:48:09


Post by: Desubot


sirlynchmob wrote:
PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


No, it's just fear mongering with no basis in reality.


Well there is that and there are groups that will pull stunts like this for the attention.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:53:03


Post by: Rainbow Dash


 Desubot wrote:
sirlynchmob wrote:
PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


No, it's just fear mongering with no basis in reality.


Well there is that and there are groups that will pull stunts like this for the attention.



Yeah and anyone with any rationality looks at them like they're nuts


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:53:06


Post by: Frazzled


PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


Not really certain anyone with more than four teeth has argued that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:54:05


Post by: hotsauceman1


Go look at the oncoming storm ad from prop 8 in california


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:54:52


Post by: Frazzled


 hotsauceman1 wrote:
Go look at the oncoming storm ad from prop 8 in california


The wha???


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:55:06


Post by: hotsauceman1


Nvm, gathering storm


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:55:59


Post by: Frazzled


I'd say I need a link but I can't open youtube here, so a few lines more info?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:57:46


Post by: hotsauceman1


Found a wiki on it.
http://en.m.wikipedia.org/wiki/Gathering_Storm_(advertisement)
Can't post the video right now


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 16:59:42


Post by: Rainbow Dash


 Frazzled wrote:
PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


Not really certain anyone with more than four teeth has argued that.


They're the kind of people who think there's a "gay agenda" (that always makes me laugh)


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:07:20


Post by: Xenomancers


PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?



The US Const does protect freedom of religion and all the entails in the first amendment. Due to the first amendment, It is perfectly acceptable that a church refuse to marry a couple of the same sex, No one is actually disputing this. Right wing haters use this argument because it's clear they are out of options.

I think congress should make a new amendment to the constitution. Where ever religion appears in the constitution - replace it with "personal beliefs." This way religious idiots will get the idea. The constitution protects everyone - not just believers.




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:33:47


Post by: Frazzled


 Rainbow Dash wrote:
 Frazzled wrote:
PhantomViper wrote:
Actual real question: where did all of this "churches will be forced to marry gay couples" comes from? Was that issue really raised?


Not really certain anyone with more than four teeth has argued that.


They're the kind of people who think there's a "gay agenda" (that always makes me laugh)


There is a gay agenda. I thought that was clear. Equal rights.

Am I missing something?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:40:10


Post by: hotsauceman1


Well, i my experience people mean the agenda is like turning all kids gay and stasting a giant gay orgy


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:45:54


Post by: zombiekila707


 Do_I_Not_Like_That wrote:
For the life of me, I cannot understand why anybody would want to get married. Worst mistake I ever made! I ended up losing my X-files box sets

My advice to anybody thinking about marriage, be they gay, be they straight, be they whatever, is too walk away while you still have the chance...and your DVDs


This man knows what is up! Marriage seems pretty worthless anyways... You have a corporation and you enjoy being CEO but wait!! You got married!! *gasp* You now own half your corporation! Oh wait marriage didn't work out like you thought (CAUSE IT NEVER DOES)... you just lost half your corporation...

I say let gays get married so they can be miserable like the rest of us.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:50:25


Post by: sirlynchmob


 zombiekila707 wrote:
 Do_I_Not_Like_That wrote:
For the life of me, I cannot understand why anybody would want to get married. Worst mistake I ever made! I ended up losing my X-files box sets

My advice to anybody thinking about marriage, be they gay, be they straight, be they whatever, is too walk away while you still have the chance...and your DVDs


This man knows what is up! Marriage seems pretty worthless anyways... You have a corporation and you enjoy being CEO but wait!! You got married!! *gasp* You now own half your corporation! Oh wait marriage didn't work out like you thought (CAUSE IT NEVER DOES)... you just lost half your corporation...

I say let gays get married so they can be miserable like the rest of us.


Remember boys & girls, Nothing says "I love you" like a prenuptial agreement.

If you don't want to lose 1/2 your hobby stuff, or be forced to sell it by some angry soon to be X. Set some ground rules for the marriage and property.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:55:50


Post by: d-usa


There is always this old joke:

"Why does it cost so much to get a divorce? Because it's worth it!"


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:57:08


Post by: whembly


 d-usa wrote:
There is always this old joke:

"Why does it cost so much to get a divorce? Because it's worth it!"

As a divorcee... you have no idea how true that is.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 17:59:16


Post by: zombiekila707


sirlynchmob wrote:
 zombiekila707 wrote:
 Do_I_Not_Like_That wrote:
For the life of me, I cannot understand why anybody would want to get married. Worst mistake I ever made! I ended up losing my X-files box sets

My advice to anybody thinking about marriage, be they gay, be they straight, be they whatever, is too walk away while you still have the chance...and your DVDs


This man knows what is up! Marriage seems pretty worthless anyways... You have a corporation and you enjoy being CEO but wait!! You got married!! *gasp* You now own half your corporation! Oh wait marriage didn't work out like you thought (CAUSE IT NEVER DOES)... you just lost half your corporation...

I say let gays get married so they can be miserable like the rest of us.


Remember boys & girls, Nothing says "I love you" like a prenuptial agreement.

If you don't want to lose 1/2 your hobby stuff, or be forced to sell it by some angry soon to be X. Set some ground rules for the marriage and property.




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 20:46:52


Post by: SilverMK2


 Frazzled wrote:

Wo. Really? That’s dictatorship, and lots of people die when you do that.


I think the phrase you actually wanted to trot out there to miss the point I was making and attempt to shut down discussion is "totalitarian state".

Come on Fraz, if you are going to try to misinterpret someones argument and argue against some imagined construct at least use the right terminology

So you would criminalize that which you disagree with.


No, I would not.

How are you any different than they are?


Better dress sense?

Thats just scary.


Yes, it is pretty scary how wide of the mark your reply indicates your understanding of what I actually said was.

Oh, wait, is that not what you meant?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 20:53:50


Post by: Frazzled


Better dress sense?


I'd had assumed that as a given.

How if making somehting illegal different than them?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 20:57:47


Post by: Kilkrazy


 Medium of Death wrote:
Homosexual man, who struggled to rationalise his faith with his sexuality, cherry picks examples from history to promote agenda?

I think the overwhelming amount of times that Gay Marriage hasn't been practiced would show that even if his claims are valid that it'd be the exception rather than the rule.


All this is irrelevant. Society will determine the rules of society. Current western society in the majority accepts the proposition that homosexuals should be allowed to "marry" each other.

The debate about the provenance of the word marriage in the middle ages is a load of bs.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/20 21:27:07


Post by: AlmightyWalrus


 Medium of Death wrote:


 AlmightyWalrus wrote:

Are you reading your own sources? Because it sure doesn't look like you do to me.


Cuts out one of the quotes to "prove" a point.


As opposed to ignoring the parts that doesn't suit you?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 00:19:23


Post by: Bran Dawri


 d-usa wrote:


So basically I think we would end up with three different options for being the officiant at a wedding:

A) Purely secular Agent of the State: Officiate over legal secular marriages for anyone.
B) Religious Clergy and Agent of the State: Able to officiate over select secular and spiritual marriages at a church, but required to officiate over secular marriages outside of church for anyone.
C) Purely religious Clergy: Able to officiate over spiritual marriages at a church only.

Like I said. I'm not saying that this is the right approach or that it makes sense. That's just where I am at in my head as my stance continues to evole.


What's this? A religious person coming up with a reasonable compromise? Only to be completely ignored for the rest of the thread?

I'm nominally anti-religious, but this is a concept I can get behind. Big thumbs up for this one!

Also, FYI, AFAIK, in the Netherlands, and Germany as well to my knowledge, option B doesn't exist; state and church marriages are completely separate here.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 01:03:12


Post by: daedalus


My biggest problem with the LGBT movement is that when people throw the Q in there, it gets all befuddled in my mind and I see BBQ in the middle of it, and I just get hungry instead.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 01:04:52


Post by: Desubot


 daedalus wrote:
My biggest problem with the LGBT movement is that when people throw the Q in there, it gets all befuddled in my mind and I see BBQ in the middle of it, and I just get hungry instead.


Wait what is the Q?

Also i keep seeing LRBT


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 01:10:10


Post by: daedalus


From what I understand, no one really agrees on the positions of the letters. LGBTQ is the one I think of though, which sounds like el-gee-bee-tee-q when you sound it out, which gets close to LGBBQ, which is something, as a straight fat guy, I'm not above attending were I to get invited.

Also, now I suddenly think a rainbow painted LRBT with a flower in the cannon would be the funniest thing I've seen in a while.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 06:37:11


Post by: Cheesecat


I always say LGBT rolls off my tongue the best.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 07:56:59


Post by: SilverMK2


 Frazzled wrote:
How if making somehting illegal different than them?


I'm not making something illegal "because I disagree with it". I'm (at the very least) holding religious institutions to the same legal standards as everyone else when it comes to discrimination. When it comes to US laws, I would be adding in provisions to bring them more into line with UK law on hate speech and inciting hatred.

One can, as has already been pointed out, quite easily (apparently) make a purely "reasoned" point using various religious texts to make pretty much any argument you want - that is not in itself hateful or discriminatory. Using that argument to then be hateful or discriminatory is the part that is hateful or discriminatory...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 12:04:35


Post by: Frazzled


 Cheesecat wrote:
I always say LGBT rolls off my tongue the best.


See thats all nonsensical. Its just LG and Greedy.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 12:47:07


Post by: Jihadin


 Frazzled wrote:
 Cheesecat wrote:
I always say LGBT rolls off my tongue the best.


See thats all nonsensical. Its just LG and Greedy.


Dammit
thinking LRG BLT now for lunch


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 13:29:10


Post by: Frazzled


Mmmm BLT...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 13:48:26


Post by: Kilkrazy


Bran Dawri wrote:
 d-usa wrote:


So basically I think we would end up with three different options for being the officiant at a wedding:

A) Purely secular Agent of the State: Officiate over legal secular marriages for anyone.
B) Religious Clergy and Agent of the State: Able to officiate over select secular and spiritual marriages at a church, but required to officiate over secular marriages outside of church for anyone.
C) Purely religious Clergy: Able to officiate over spiritual marriages at a church only.

Like I said. I'm not saying that this is the right approach or that it makes sense. That's just where I am at in my head as my stance continues to evole.


What's this? A religious person coming up with a reasonable compromise? Only to be completely ignored for the rest of the thread?

I'm nominally anti-religious, but this is a concept I can get behind. Big thumbs up for this one!

Also, FYI, AFAIK, in the Netherlands, and Germany as well to my knowledge, option B doesn't exist; state and church marriages are completely separate here.


If marriages are to have any legal force they need to be registered with the legal authorities and until that has been done they do not count as legal marriages no matter what ceremonies you may have emjoyed.

Thus many countries have a system by which you can be married by a priest and then register it with the registrar or you can be married by the registrar -- a civil marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 13:59:51


Post by: CptJake


 Kilkrazy wrote:

If marriages are to have any legal force they need to be registered with the legal authorities and until that has been done they do not count as legal marriages no matter what ceremonies you may have emjoyed.


That is not true. There are plenty of jurisdictions which recognize common law marriages.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 14:06:07


Post by: Frazzled


Many states actually, especially in the West.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 14:39:01


Post by: Ensis Ferrae


 SilverMK2 wrote:
 Frazzled wrote:
How if making somehting illegal different than them?


I'm not making something illegal "because I disagree with it". I'm (at the very least) holding religious institutions to the same legal standards as everyone else when it comes to discrimination. When it comes to US laws, I would be adding in provisions to bring them more into line with UK law on hate speech and inciting hatred.




See, I see a huge difference here that you apparently dont see the same way... A church, in itself is like a club... hair club, beer club, fight club, duck hunters of america club, etc.... ALL of them are allowed, basically speaking, to have any discriminatory rule they want, the same goes for LDS, Catholic, Jewish, Muslim, Baptist, or whatever other name of religion you have. Religious institutions already do have to follow "the same legal standards as everyone else" (when it comes to discrimination) when it comes to their employment/hiring practices, ie, the local Catholic hospital cannot discriminate a doctor and not hire him/her simply for being a Sikh or Muslim.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 16:02:29


Post by: SilverMK2


 Ensis Ferrae wrote:
See, I see a huge difference here that you apparently dont see the same way... A church, in itself is like a club... hair club, beer club, fight club, duck hunters of america club, etc.... ALL of them are allowed, basically speaking, to have any discriminatory rule they want, the same goes for LDS, Catholic, Jewish, Muslim, Baptist, or whatever other name of religion you have. Religious institutions already do have to follow "the same legal standards as everyone else" (when it comes to discrimination) when it comes to their employment/hiring practices, ie, the local Catholic hospital cannot discriminate a doctor and not hire him/her simply for being a Sikh or Muslim.


However, when that person/institution is acting as an agent of the state, they should have to follow the rules which apply to every other agent of the state. This would include conducting marriages for anyone who met the legal requirements of marriage. A "club" also does not generally get to exist tax free. Nor does it generally get to go out and say and do anything it wants.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 16:06:25


Post by: d-usa


 SilverMK2 wrote:
 Ensis Ferrae wrote:
See, I see a huge difference here that you apparently dont see the same way... A church, in itself is like a club... hair club, beer club, fight club, duck hunters of america club, etc.... ALL of them are allowed, basically speaking, to have any discriminatory rule they want, the same goes for LDS, Catholic, Jewish, Muslim, Baptist, or whatever other name of religion you have. Religious institutions already do have to follow "the same legal standards as everyone else" (when it comes to discrimination) when it comes to their employment/hiring practices, ie, the local Catholic hospital cannot discriminate a doctor and not hire him/her simply for being a Sikh or Muslim.


However, when that person/institution is acting as an agent of the state, they should have to follow the rules which apply to every other agent of the state. This would include conducting marriages for anyone who met the legal requirements of marriage. A "club" also does not generally get to exist tax free. Nor does it generally get to go out and say and do anything it wants.


A church itself, like any other club, is not an agent of the state though. That's an important distinction to keep in mind. A country club that serves as a location for weddings for it's members has no requirement to let non-members book the club for their wedding, and a church shouldn't be any different in that regard.

The loose end, in my mind, is the status of the individual clergy as an agent of the state. Hence my earlier post.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 16:27:37


Post by: PhantomViper


I still don't understand why we are discussing this if this proposition was never really put forward but even when Priests are acting as agents of the state performing a marriage, they are also doing so in their capacity as priests, usually because of protocols that the church has entered with the state so I don't think that they should have to follow the same rules as a justice of the peace (that performs civil marriages).

Now, and I'm speaking as an Atheist that thinks that humanity would be greatly improved if all religions were abolished, the sacrament of marriage in the Catholic faith is defined as the union between a man and a women, a Priest cannot perform a marriage sacrament that falls outside those parameters, so "forcing" a Priest to marry a same sex couple doesn't really work and I don't think that it falls under discrimination, Catholic Priests also can't marry divorced people, or people that aren't from the Catholic faith, etc, and none of that is considered discrimination.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 16:57:44


Post by: d-usa


PhantomViper wrote:
I still don't understand why we are discussing this if this proposition was never really put forward but even when Priests are acting as agents of the state performing a marriage, they are also doing so in their capacity as priests, usually because of protocols that the church has entered with the state so I don't think that they should have to follow the same rules as a justice of the peace (that performs civil marriages).


I think that they should have to follow the same rules as a justice of the peace, since their state sanctioned role is the same. If they perform a role that requires a state license or state sanctioning then there should be no exemptions. I feel the same way about a member of the clergy that is also a pharmacist, a nurse, a doctor, or any other profession that requires a license by the state.

With so many states passing "you can't force people to do their job if their job goes against their religion" laws I realize that I'm probably in the minority there.

Now, and I'm speaking as an Atheist that thinks that humanity would be greatly improved if all religions were abolished, the sacrament of marriage in the Catholic faith is defined as the union between a man and a women, a Priest cannot perform a marriage sacrament that falls outside those parameters, so "forcing" a Priest to marry a same sex couple doesn't really work and I don't think that it falls under discrimination, Catholic Priests also can't marry divorced people, or people that aren't from the Catholic faith, etc, and none of that is considered discrimination.


That's where I think we need to realize that a Catholic Priest performs two marriages at the same time. The Catholic Sacrament of marriage, which only allows a man and a woman to marry and which is as much a marriage between the couple and God as much as it is a marriage between themselves and which also doesn't allow for divorce unless it falls under a very specific set of circumstances and has certain expectations of baby making and what roles the husband and wife have in their spiritual life and many other things. He also performs a civil marriage that is recognized by the state, which lets you get divorced for a lot of reasons and which doesn't care if you made a promise to God, a tree, a rock, or just each other. The state marriage has nothing to do with the Sacrament of marriage, and the Sacrament of marriage has nothing to do with the state marriage. They are two separate things, with two separate rules, and the priest just happens to have the power to perform both at the same time.

A priest shouldn't be forced to conduct a religious ceremony for someone that doesn't agree with his faith, and he shouldn't have proclaim that the people he marries are married under the authority of his God. But a priest, if he is an agent of the state, should be required to do a quick "Do you? Do you? By the power invested in my by the State, I pronounce you whatever and whatever" ceremony.

If your personal conviction doesn't allow you to be both a priest and an agent of the state, then you should have to drop one of those roles.

That's just my opinion on this, I realize that I could be completely wrong.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 16:59:40


Post by: Ratius


Ireland today drew up the wording of a proposed same sex marriage referendum pencilled for May iirc.



The wording of the upcoming referendum on same-sex marriage has been published by the Government.

The wording proposes to add a new section to the Constitution, stating that: "Marriage may be contracted in accordance with law by two persons without distinction as to their sex".

The referendum will be held in May this year but no specific date has yet been set.
Cabinet agrees wording of same-sex marriage referendum
RELATED AUDIO & VIDEO

Watch: Cabinet agrees wording of same-sex marriage referendum

Minister for Justice and Equality Frances Fitzgerald said the wording is clear and precise, and gives a right to every citizen who wishes to get married.

Making the announcement, she also confirmed that the Government is separately preparing an Implementation Bill that will address the changes to legislation that will be needed if the referendum is carried.

She said this will include changes to the Civil Registration Acts to remove the impediments preventing same-sex couples from being able to marry.

The minister will bring the General Scheme of the Implementation Bill to Government in February.

She said: "I hope we can have a constructive and respectful debate which will help to inform and engage citizens on this important issue."

Fianna Fáil Justice Spokesperson Niall Collins said his party was happy to support the referendum and welcomed the wording, saying it was clear and concise.

The Gay and Lesbian Equality Network, the Irish Council for Civil Liberties and Marriage Equality have said the publication was "historic".

GLEN Chair Kieran Rose said: "Today we move a step closer to full inclusion in our Constitution for lesbian and gay couples."

ICCL Director Mr Mark Kelly added: "The proposed amendment would update the Constitution to say that any two people can marry, regardless of their sex."

Marriage Equality Chair Grainne Healy said: "We look forward to a positive campaign for the referendum, which focuses on the value of marriage to everyone in Irish society and explains why marriage matters to lesbian and gay couples."

The Catholic Communications Office said that bishops will discuss the referendum at their next plenary meeting in March.

The Cabinet met this morning to discuss the referendum, which will be held in May, along with one on reducing the age limit for presidential election candidates from 35 to 21 years of age.

The Carlow-Kilkenny by-election to fill the seat left vacant after Phil Hogan's move to Europe is also expected on the same day.

The date for the referendums will be set by ministerial order following the passage of the required bills through the Oireachtas.




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 17:13:53


Post by: PhantomViper


 d-usa wrote:


With so many states passing "you can't force people to do their job if their job goes against their religion" laws I realize that I'm probably in the minority there.


But I completely agree with you in this, I only think that in the case of Priests an exception should be made because their job literally IS their Religion...


Automatically Appended Next Post:
 d-usa wrote:

That's where I think we need to realize that a Catholic Priest performs two marriages at the same time. The Catholic Sacrament of marriage, which only allows a man and a woman to marry and which is as much a marriage between the couple and God as much as it is a marriage between themselves and which also doesn't allow for divorce unless it falls under a very specific set of circumstances and has certain expectations of baby making and what roles the husband and wife have in their spiritual life and many other things. He also performs a civil marriage that is recognized by the state, which lets you get divorced for a lot of reasons and which doesn't care if you made a promise to God, a tree, a rock, or just each other. The state marriage has nothing to do with the Sacrament of marriage, and the Sacrament of marriage has nothing to do with the state marriage. They are two separate things, with two separate rules, and the priest just happens to have the power to perform both at the same time.

A priest shouldn't be forced to conduct a religious ceremony for someone that doesn't agree with his faith, and he shouldn't have proclaim that the people he marries are married under the authority of his God. But a priest, if he is an agent of the state, should be required to do a quick "Do you? Do you? By the power invested in my by the State, I pronounce you whatever and whatever" ceremony.

If your personal conviction doesn't allow you to be both a priest and an agent of the state, then you should have to drop one of those roles.

That's just my opinion on this, I realize that I could be completely wrong.


At least over here, the individual Priests do not have the power to perform Civil Marriages outside their capacity as members of the Catholic Church.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 18:39:47


Post by: Baxx


 Medium of Death wrote:
 reds8n wrote:
A lot of reasonable stuff

My main reason for posting was really to try and put across the idea that being opposed to gay marriage doesn't make you a bigot and that they're reasonable opinions that conservative Christians have when put into the context of their faith.

Most bigotry, violence and discrimination is reasonable when put into context of faith.

Burning people alive is reasonable when put into context of faith.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 18:50:56


Post by: Yodhrin


PhantomViper wrote:
 d-usa wrote:


With so many states passing "you can't force people to do their job if their job goes against their religion" laws I realize that I'm probably in the minority there.


But I completely agree with you in this, I only think that in the case of Priests an exception should be made because their job literally IS their Religion...


But then you run into all the other problems that have been mentioned; what about Priests who are also Doctors? Lawyers? Business owners? Either the personal convictions of Priests are worthy of greater protection than other citizens, in which case you open up several dozen huge legal worm-cans, or they're simply citizens, in which case their commitment to the public via their accreditation by the state must be held to the same standards as everyone else, including regards discrimination.

I mean crikey, imagine for a moment you could use the fact you are a Priest with a personal conviction that something is morally wrong to protect you while engaging in discriminatory behaviour while conducting other affairs which would ordinarily fall under discrimination laws; could a business owner become a Priest in a religion which holds that the minimum wage is an affront unto God? You can try arguing that it's ridiculous and an obvious attempt to circumvent the law, but the onus would be on the state to prove that their entirely subjective beliefs were not sincerely held. And again, we're talking about a country who's highest legal minds decided corporations are people and, as such, can hold religious beliefs independent of those of the people who make it up and, as such, corporations can refuse to provide insurance with contraceptive cover for women, so whether any rational person might find such scenarios mind-bogglingly mad, there are no guarantees.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 19:44:02


Post by: Prestor Jon


Hindsight being what it is, it would have been better to limit marriage licenses to only being awarded through govt officials like magistrates and justices of the peace. Weddings are great and people can have them and priests can administer weddings in strict adherence to their respective religions without ever signing a marriage license. A marriage license is for qualifying for certain tax reporting status/exemptions, name changes, etc. and never needed to be tied to a wedding ceremony. Priests can sign marriage licenses to make it easier on the married couple so they can have everything done on the same day by the same person, it's for convenience nothing more.

That said, I think that SCOTUS will rule that Section 1 of the 14th Amendment will require states that don't allow gay marriage to honor gay marriages that are performed in other states but that Section 1 doesn't force all states to allow gay marriage.

A marriage license is still just a state license. Same as a drivers license, business license, fishing license, etc. States have different requirements in keeping with state laws. If one state let 15 year olds earn a drivers license it wouldn't be grounds for SCOTUS to rule that all 50 states have to let 15 year olds get a drivers license.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 19:50:45


Post by: Frazzled


Prestor Jon wrote:
Hindsight being what it is, it would have been better to limit marriage licenses to only being awarded through govt officials like magistrates and justices of the peace. Weddings are great and people can have them and priests can administer weddings in strict adherence to their respective religions without ever signing a marriage license. A marriage license is for qualifying for certain tax reporting status/exemptions, name changes, etc. and never needed to be tied to a wedding ceremony. Priests can sign marriage licenses to make it easier on the married couple so they can have everything done on the same day by the same person, it's for convenience nothing more.


Thats called a civil union.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 20:00:44


Post by: sirlynchmob


Prestor Jon wrote:


That said, I think that SCOTUS will rule that Section 1 of the 14th Amendment will require states that don't allow gay marriage to honor gay marriages that are performed in other states but that Section 1 doesn't force all states to allow gay marriage.

A marriage license is still just a state license. Same as a drivers license, business license, fishing license, etc. States have different requirements in keeping with state laws. If one state let 15 year olds earn a drivers license it wouldn't be grounds for SCOTUS to rule that all 50 states have to let 15 year olds get a drivers license.


I'd bet on equal protection, and states will have to allow same sex marriages, just like the courts have had to step in to allow inter racial marriages, and end segregation, and give women & blacks equal protection and the right to vote. No one in thread has yet put forth any reason, let alone a valid reason to not allow same sex marriages. "It's icky and conservatives don't like" is not a argument to deny anyone equal rights under the law.

No but it would be grounds for all states to accept he has a drivers license and that he can drive legally through their state. Drinking ages used to vary state to state, until the federal stepped in and said "raise it to 21, or we cut off your federal money" they can do the same for marriage equality, "do it, or you won't get any funding"



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 20:42:03


Post by: Frazzled


Generally agreed. How does the wrinkle that states can mandate their own licensing proceduresimpact this though? ie your furren devil er California license may be valid in the deathworld that is Texas only for a particular period of time, then you have to get a new license (and oil well, pickup, and shotgun).


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 20:44:29


Post by: Ensis Ferrae


 d-usa wrote:

I think that they should have to follow the same rules as a justice of the peace, since their state sanctioned role is the same. If they perform a role that requires a state license or state sanctioning then there should be no exemptions. I feel the same way about a member of the clergy that is also a pharmacist, a nurse, a doctor, or any other profession that requires a license by the state.





I agree with this... with one caveat. Use of the "clubhouse" can be denied, following the rules of whatever religion it is, much the same way a country club or other venues do.

-If "you" (the couple getting married) do not conform to the rules set forth by the religious group, or secular group (such as golfing clubs/country clubs), and the group is not OK with you using their grounds should be A-OK, and you should basically expect to be turned down if you're asking to use the venue.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 21:20:03


Post by: Prestor Jon


sirlynchmob wrote:
Prestor Jon wrote:


That said, I think that SCOTUS will rule that Section 1 of the 14th Amendment will require states that don't allow gay marriage to honor gay marriages that are performed in other states but that Section 1 doesn't force all states to allow gay marriage.

A marriage license is still just a state license. Same as a drivers license, business license, fishing license, etc. States have different requirements in keeping with state laws. If one state let 15 year olds earn a drivers license it wouldn't be grounds for SCOTUS to rule that all 50 states have to let 15 year olds get a drivers license.


I'd bet on equal protection, and states will have to allow same sex marriages, just like the courts have had to step in to allow inter racial marriages, and end segregation, and give women & blacks equal protection and the right to vote. No one in thread has yet put forth any reason, let alone a valid reason to not allow same sex marriages. "It's icky and conservatives don't like" is not a argument to deny anyone equal rights under the law.

No but it would be grounds for all states to accept he has a drivers license and that he can drive legally through their state. Drinking ages used to vary state to state, until the federal stepped in and said "raise it to 21, or we cut off your federal money" they can do the same for marriage equality, "do it, or you won't get any funding"



The drinking age varied from state to state and wasn't grounds for SCOTUS to even hear a case let alone rule that separate drinking ages per state was somehow unconstitutional. The highway funding threat was from Congress, the branch of govt that control highway funding, not SCOTUS so I fail to see what your point with that example.

Marriage licenses have always been inherently discriminatory and that's never been ruled unconstitutional. Why can't somebody marry multiple people at the same time? Why can't somebody marry an underage person? Why can't two blood relatives get married? Why does somebody have to pass a blood test to get married? If a state is allowed to discriminate against certain people from getting married then why can't a state rule that homosexuals are included in those groups? Either SCOTUS upholds states' rights to determine who is lawfully qualified to be awarded a marriage license or SCOTUS rules that everybody who wants a marriage license can get one but they can't have it both ways.


Automatically Appended Next Post:
 Frazzled wrote:
Prestor Jon wrote:
Hindsight being what it is, it would have been better to limit marriage licenses to only being awarded through govt officials like magistrates and justices of the peace. Weddings are great and people can have them and priests can administer weddings in strict adherence to their respective religions without ever signing a marriage license. A marriage license is for qualifying for certain tax reporting status/exemptions, name changes, etc. and never needed to be tied to a wedding ceremony. Priests can sign marriage licenses to make it easier on the married couple so they can have everything done on the same day by the same person, it's for convenience nothing more.


Thats called a civil union.


I know and I think in hindsight we should have kept it to only civil unions. Religious institutions can conduct weddings how they see fit and magistrates can sign marriage licenses for whomever qualifies to get them. There was never, IMHO, a compelling reason to combine the two.


Automatically Appended Next Post:
 Ensis Ferrae wrote:
 d-usa wrote:

I think that they should have to follow the same rules as a justice of the peace, since their state sanctioned role is the same. If they perform a role that requires a state license or state sanctioning then there should be no exemptions. I feel the same way about a member of the clergy that is also a pharmacist, a nurse, a doctor, or any other profession that requires a license by the state.





I agree with this... with one caveat. Use of the "clubhouse" can be denied, following the rules of whatever religion it is, much the same way a country club or other venues do.

-If "you" (the couple getting married) do not conform to the rules set forth by the religious group, or secular group (such as golfing clubs/country clubs), and the group is not OK with you using their grounds should be A-OK, and you should basically expect to be turned down if you're asking to use the venue.



If the state is going to allow Catholic priests to deny the use of cathedrals/churhes and wedding officiates to nonCatholics and likewise for other denominations, Rabbis don't have to marry nonJews or let them use the synagogue, etc. then why can't they deny people because they're homosexual? If the Catholic church believes that homosexuals are just as nonCatholic as Jews or Baptists or atheists, etc. then why can't they deny them marriages?

Such protection wouldn't apply to laypeople working secular jobs. People who aren't ordained and aren't being asked to officiate religious ceremonies don't have religious protection. Having a priest officiate a wedding is asking a priest to practice his/her religion and therefore that practice is protected. No matter how devout a member of a religion a pharmacist is, filling a person's perscription isn't a religious practice and therefore doesn't violate a religious belief.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 21:48:45


Post by: d-usa


Prestor Jon wrote:

Marriage licenses have always been inherently discriminatory and that's never been ruled unconstitutional.


We will see if that changes now.

Why can't somebody marry multiple people at the same time?


That's not discrimination since everyone can only marry one person.

Why can't somebody marry an underage person?


Protection of minors, who are not allowed to sign many forms of contracts and are covered by many other laws about other stuff they are not allowed to do with "adults".

Why can't two blood relatives get married?


Public health laws.

Why does somebody have to pass a blood test to get married?


Public Health Laws

If a state is allowed to discriminate against certain people from getting married then why can't a state rule that homosexuals are included in those groups?


Because unlike minors Homosexuals are able to make grown-up decisions and are legal adults and being Homosexual is not a public health concern.

Either SCOTUS upholds states' rights to determine who is lawfully qualified to be awarded a marriage license or SCOTUS rules that everybody who wants a marriage license can get one but they can't have it both ways.


SCOTUS has upheld many times that states have the right to regulate many things if it serves a valid interest of the state and in order to protect certain populations of said state. That included public health laws relating to communicable diseases, requiring vaccinations, advanced directives, and many other things. That's why SCOTUS has ruled in the past that you can be forced into quarantine until you agree to take your medication for your tuberculosis but the state cannot force you into quarantine until you take some tylenol for your headache. Statutory rape laws and incest laws have also been found legal and constitutional, but that doesn't mean that the state can make it illegal for any random group to have sex with another random group. See the many laws on sodomy that have been struck down.

Trying to make the argument that states' rights is an all or nothing thing is silly and shows a pretty significant lack of understanding about why many regulations are in place. Almost all restrictions on marriages that you have listed have one thing in common: they are in place to protect others. Same-sex marriage bans don't serve that role for anyone. States don't get to do whatever they want and go "lol, state rights bro", laws they pass still have to be constitutional. Passing laws that restrict others from enjoying the same state benefits as others for no real reason doesn't fulfill that role.

Despite all the big hoopla we make about same-sex marriages, it boils down to a pretty simple case of sexual discrimination: Person A is not allowed to marry Person B because Person A isn't the opposite gender that they are. A case of "If I wasn't a woman, I would get this paper today" and "if I wasn't a man, I would get this paper today".

And saying "you have a penis instead of a vagina, so you can't marry him" doesn't fall under any of the scenarios that allow a state to discriminate.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 21:58:14


Post by: CptJake


 d-usa wrote:

Why can't somebody marry multiple people at the same time?


That's not discrimination since everyone can only marry one person.


I guess the same logic would mean, everyone can currently marry one person of the opposite sex, so that is not discrimination either.

But some folks want to choose someone of the same sex. And others may choose to marry multiple partners...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 22:04:56


Post by: Desubot


Man why would you want to have more than 1 wives? sounds like a glutton for punishment

Edit: lol spelling


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 22:09:19


Post by: d-usa


 CptJake wrote:
 d-usa wrote:

Why can't somebody marry multiple people at the same time?


That's not discrimination since everyone can only marry one person.


I guess the same logic would mean, everyone can currently marry one person of the opposite sex, so that is not discrimination either.


Actually it is. For it to be discrimination you need to answer two basic questions:

1) What is someone else allowed to do?
2) Why am I not allowed to do it?

For same-sex marriage that boils down to:

1) Are other people allowed to marry one person? Yes.
2) Why am I not allowed to do it? Because I'm the wrong sex.


But some folks want to choose someone of the same sex. And others may choose to marry multiple partners...


For polygamy that boils down to:

1) Is someone else allowed to marry more than one person? No.

And it basically stops there. There is no discrimination because there is not a case of you not being allowed to do something that somebody else is allowed to do.

(edit to fix brain fart)


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 22:13:44


Post by: Ensis Ferrae


 Desubot wrote:
Man why would you want to have more than 1 wives? sounds like a gluten for punishment


I guess we should all strive to be gluten free then, right??


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 23:05:30


Post by: Kilkrazy


 CptJake wrote:
 Kilkrazy wrote:

If marriages are to have any legal force they need to be registered with the legal authorities and until that has been done they do not count as legal marriages no matter what ceremonies you may have emjoyed.


That is not true. There are plenty of jurisdictions which recognize common law marriages.


Nine, actually, according to Wikipedia, which is hardly plenty.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 23:07:21


Post by: Jihadin


Memory real hazy on this but isn't there "Torts" involve concerning that particular subject?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/21 23:18:59


Post by: CptJake


 Kilkrazy wrote:
 CptJake wrote:
 Kilkrazy wrote:

If marriages are to have any legal force they need to be registered with the legal authorities and until that has been done they do not count as legal marriages no matter what ceremonies you may have emjoyed.


That is not true. There are plenty of jurisdictions which recognize common law marriages.


Nine, actually, according to Wikipedia, which is hardly plenty.


May want to go back to wiki and read the whole entry.

Nevertheless, all states—including those that have abolished the contract of common-law marriage within their boundaries—recognize common-law marriages lawfully contracted in those jurisdictions that permit it.


and

Some states have abolished common law marriage, in that such marriages cannot be contracted anymore in those states, but they continue to recognize common law marriages which have been contracted in the past, before a specific date.


and from a Federal perspective:

A common-law marriage is recognized for federal tax purposes if it is recognized by the state where the taxpayers currently live, or in the state where the common-law marriage began. If the marriage is recognized under the law and customs of the state in which the marriage takes place (even if the state is a foreign country), the marriage is valid (Rev. Rul. 58-66).


9 states will still contract them, and that is about 20% of the states, and that is plenty, especially when you stated what you did highlighted in orange above.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 02:25:29


Post by: sirlynchmob


 Desubot wrote:
Man why would you want to have more than 1 wives? sounds like a glutton for punishment

Edit: lol spelling


think about the fun with holidays with more than 1 mother in law


Automatically Appended Next Post:
Prestor Jon wrote:
sirlynchmob wrote:

Marriage licenses have always been inherently discriminatory and that's never been ruled unconstitutional. Why can't somebody marry multiple people at the same time? Why can't somebody marry an underage person? Why can't two blood relatives get married? Why does somebody have to pass a blood test to get married? If a state is allowed to discriminate against certain people from getting married then why can't a state rule that homosexuals are included in those groups? Either SCOTUS upholds states' rights to determine who is lawfully qualified to be awarded a marriage license or SCOTUS rules that everybody who wants a marriage license can get one but they can't have it both ways.


Your slippery slope argument just fails as everything you question is already allowed.
I know the reason why polygamy got outlawed was more fear mongering by the christians to specifically discriminate against the mormons. But I'm pretty sure it is legal in some states already.
some of your states don't even have a minimum age requirement to get married, you can marry the girl 1 day old with parental consent. And most states will allow underage girls to marry with parental consent.
blood relatives can, and cousins are commonly the ones that do.
no blood tests required anymore

it's funny everything you fear will happen with same sex marriages are already legal and allowable. As you yourself point out the states are being discriminatory, any laws preventing someone from marrying can be challenged and decriminalized. Just because those laws haven't been challenged yet, doesn't mean anything. Same sex couples want to get married, does allowing that create any victims? nope, so there is no reason to disallow it. Does that affect anyone else? Nope.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 03:29:49


Post by: Peregrine


 d-usa wrote:
For polygamy that boils down to:

1) Is someone else allowed to marry more than one person? No.

And it basically stops there. There is no discrimination because there is not a case of you not being allowed to do something that somebody else is allowed to do.


This argument only works if you assume that the thing people are allowed to do is "marry exactly one other person", instead of something like "have my relationship recognized by the state". If you interpret it the second way then yes, it is discrimination because two-person marriages are granted all of those privileges while multi-person marriages are not. And it's discrimination that doesn't have any legitimate reasons behind it. It isn't about the state acting in the public interest, it's the same "eww, gross" reaction that was behind bans on gay marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 04:09:35


Post by: d-usa


 Peregrine wrote:
 d-usa wrote:
For polygamy that boils down to:

1) Is someone else allowed to marry more than one person? No.

And it basically stops there. There is no discrimination because there is not a case of you not being allowed to do something that somebody else is allowed to do.


This argument only works if you assume that the thing people are allowed to do is "marry exactly one other person", instead of something like "have my relationship recognized by the state". If you interpret it the second way then yes, it is discrimination because two-person marriages are granted all of those privileges while multi-person marriages are not. And it's discrimination that doesn't have any legitimate reasons behind it. It isn't about the state acting in the public interest, it's the same "eww, gross" reaction that was behind bans on gay marriage.


1) does anyone else get to have more than one relationship recognized by the state? No.

So the test still stands since you are not kept from doing something that someone else is allowed to do.

There may be a legal fight for polygamy out there somewhere, but it doesn't fall under "equal protection" or "discrimination".


Automatically Appended Next Post:
Meanwhile:

Here is what states will do to continue to fight back even if the SCOTUS rules in favor.

http://m.newsok.com/bill-would-put-an-end-to-marriage-licenses-in-oklahoma/article/5386633


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 04:14:35


Post by: Hordini


 d-usa wrote:
 Peregrine wrote:
 d-usa wrote:
For polygamy that boils down to:

1) Is someone else allowed to marry more than one person? No.

And it basically stops there. There is no discrimination because there is not a case of you not being allowed to do something that somebody else is allowed to do.


This argument only works if you assume that the thing people are allowed to do is "marry exactly one other person", instead of something like "have my relationship recognized by the state". If you interpret it the second way then yes, it is discrimination because two-person marriages are granted all of those privileges while multi-person marriages are not. And it's discrimination that doesn't have any legitimate reasons behind it. It isn't about the state acting in the public interest, it's the same "eww, gross" reaction that was behind bans on gay marriage.


1) does anyone else get to have more than one relationship recognized by the state? No.

So the test still stands since you are not kept from doing something that someone else is allowed to do.

There may be a legal fight for polygamy out there somewhere, but it doesn't fall under "equal protection" or "discrimination".


That's just as bad an argument as saying, "Does anyone else get to marry someone of the same sex? No. Marriage is for opposite sex couple only, and anyone can marry someone of the opposite sex."


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 04:22:46


Post by: d-usa


If you don't see the legal difference between "you don't get to marry this man because you have a penis" and "you don't get to marry this second man because nobody can" then I can't help you.

Im not saying laws restricting marriages to two people are right. I'm just saying that it's not an equal protection issue and it will have to find some other route through court.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 04:53:55


Post by: Peregrine


 d-usa wrote:
1) does anyone else get to have more than one relationship recognized by the state? No.


It isn't multiple relationships, it's a single relationship with multiple people.

So the test still stands since you are not kept from doing something that someone else is allowed to do.


Only because you're defining the act as "marry multiple people", not "have my relationship recognized by the state".


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 05:13:04


Post by: Ensis Ferrae


 Peregrine wrote:

It isn't multiple relationships, it's a single relationship with multiple people.
.



I think the problem with Polygamy, from a "state law" point of view is in it's definitions... sure, you can view it as a single relationship... but it's always going to be multiple women with one man, or one woman with multiple men. And if, as you say, it is a single relationship, if there's a divorce from one person, then certainly it must be a divorce from all the people in that relationship, right?


That's not even touching the issues of abuse and neglect that seem to just come from everywhere when you look at polygamous societies. I mean, look at the Mormons pre-Utah, or the "Fundamentalist LDS" people lead by Warren Jeffs. Both are prime examples as to why multiple relationships should remain illegal.... There are quite a few people who do the pre-nups and all so that both parties realize that they are in an "open marriage" which I suppose could support the ideals of some polygamous relationships, but, IMO polygamy and polygamous practices are far too nebulous to be brought back into legality.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 05:29:45


Post by: d-usa


 Peregrine wrote:

Only because you're defining the act as "marry multiple people", not "have my relationship recognized by the state".


So who gets to have a relationship with multiple people recognized by the state and in what form of discrimination is someone else prevented from having their relationship with multiple people recognized?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 06:09:37


Post by: Relapse


 d-usa wrote:
 Peregrine wrote:

Only because you're defining the act as "marry multiple people", not "have my relationship recognized by the state".


So who gets to have a relationship with multiple people recognized by the state and in what form of discrimination is someone else prevented from having their relationship with multiple people recognized?


I believe the discrimination comes in because a person is not allowed to enter into the union they wish because of prevailing beliefs. Just as a side note, I'm no fan of polygamy, either, but there you go. Not so long ago, as we well know, gay marriage being legalized was as unthinkable as the potential for polygamy to be legal.
I fully expect polygamy will become legal at some point.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 06:20:24


Post by: d-usa


Relapse wrote:
 d-usa wrote:
 Peregrine wrote:

Only because you're defining the act as "marry multiple people", not "have my relationship recognized by the state".


So who gets to have a relationship with multiple people recognized by the state and in what form of discrimination is someone else prevented from having their relationship with multiple people recognized?


I believe the discrimination comes in because a person is not allowed to enter into the union they wish because of prevailing beliefs. Just as a side note, I'm no fan of polygamy, either, but there you go. Not so long ago, as we well know, gay marriage being legalized was as unthinkable as the potential for polygamy to be legal.


But for it to be discrimination someone else has to be allowed to do it.

Ban on interracial marriage was discrimination because if the guy would have been white he would have been able to marry the white woman.

Ban on same-sex marriage is discrimination because if the woman would have been a man she would have been able to marry the woman.

You have a number of pretty clear cases of "if I wouldn't have been X, then I would have been allowed to do it" which make it a question of equal protection.

You simply don't have that with polygamy.

I fully expect polygamy will become legal at some point.


I wouldn't be surprised if it does. I just don't think it will be because of a ruling under the 14th. It will be through another avenue IMO.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 07:06:11


Post by: Peregrine


 Ensis Ferrae wrote:
but it's always going to be multiple women with one man, or one woman with multiple men.


Or two men and two women, or eight men, or any other combinations you can think of. Multi-person marriage isn't necessarily limited to cults where the most powerful men get all the women.

And if, as you say, it is a single relationship, if there's a divorce from one person, then certainly it must be a divorce from all the people in that relationship, right?


That's something for the lawyers to figure out.

That's not even touching the issues of abuse and neglect that seem to just come from everywhere when you look at polygamous societies.


1) Refusing to recognize multi-person marriages does not do anything to stop this. The abusive cults still coerce young girls into marrying the top men in the community, they just give legal recognition to one marriage and leave the others as roommates from the point of view of the state. Refusing to grant tax benefits/hospital visitation rights/etc to the "unofficial" spouses does not magically make them move out and have their own lives away from the cult.

2) The abuses of one group does not justify punishing the people who aren't doing anything wrong. This is the equivalent of arguing for a 100% ban on guns for everyone because a few people commit murder with their guns.

 d-usa wrote:
So who gets to have a relationship with multiple people recognized by the state and in what form of discrimination is someone else prevented from having their relationship with multiple people recognized?


Again, you're basing this argument on the assumption that the thing being recognized is "marriage with multiple people" vs. "marriage with two people", instead of "official recognition of an existing relationship". The discrimination is that certain arrangements of people (in some cases one man and one woman, in others any two people regardless of legal gender) get state recognition while others (anything else) don't, and for no good reason. Refusing to recognize those multi-person marriages because of a personal belief that it's somehow wrong to marry more than one person is discrimination.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 07:19:29


Post by: d-usa


 Peregrine wrote:

 d-usa wrote:
So who gets to have a relationship with multiple people recognized by the state and in what form of discrimination is someone else prevented from having their relationship with multiple people recognized?


Again, you're basing this argument on the assumption that the thing being recognized is "marriage with multiple people" vs. "marriage with two people", instead of "official recognition of an existing relationship". The discrimination is that certain arrangements of people (in some cases one man and one woman, in others any two people regardless of legal gender) get state recognition while others (anything else) don't, and for no good reason. Refusing to recognize those multi-person marriages because of a personal belief that it's somehow wrong to marry more than one person is discrimination.


Then who get's to have an "official recognition of an existing relationship" with multiple people and who doesn't?

Let's try to make it simple for you:

I want to do A, everybody else get's to do A, but I don't get to do A because I'm wrong race/wrong religion/ wrong whatever = discrimination.
I want to do B, everybody else get's to do A, But I don't get to do B even though nobody else get's to do B =/= discrimination.

Not getting to do the same thing as everyone else beause of what you are = discrimination.
Not getting to do a different version as everyone else because that's what you want =/= discrimination.

I'm not saying it's right to have laws against polygamy. I'm just saying that despite your best attempts to argue otherwise. Same sex marriage falls under discrimination and equal protection because Person A seeking the marriage license would be issued said license if something about him/her was different. Person A doesn't have the same rights as Person B. Polygamy doesn't fall under that same issue because Person A isn't denied the license because of anything to do with Person A. He is just as affected by the law as person B.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 07:45:52


Post by: Peregrine


 d-usa wrote:
Then who get's to have an "official recognition of an existing relationship" with multiple people and who doesn't?


Nobody right now, which is why it's discrimination.

Let's try to make it simple for you:


Why do you think the problem here is that I don't understand your argument when it's actually that I think your argument sucks? You're defining "A" and "B" in a way that suits your argument when they could easily be defined in a way that it would be discrimination.

Also, you're only considering certain forms of discrimination. Let's look at another example:

I want to marry person A, but can't because I'm already married. Someone else who is not married can marry person A. Therefore it is discrimination based on my marital status (state laws disagree on whether discrimination based on that is legal or not, but it's still discrimination).


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 07:50:16


Post by: d-usa


 Peregrine wrote:
 d-usa wrote:
Then who get's to have an "official recognition of an existing relationship" with multiple people and who doesn't?


Nobody right now, which is why it's discrimination.


So you don't know what discrimination means. That clears up your entire line of thinking.

Also, you're only considering certain forms of discrimination. Let's look at another example:

I want to marry person A, but can't because I'm already married. Someone else who is not married can marry person A. Therefore it is discrimination based on my marital status (state laws disagree on whether discrimination based on that is legal or not, but it's still discrimination).


So an unmarried person can be married to two people but a married person can't?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 08:15:21


Post by: Peregrine


 d-usa wrote:
So you don't know what discrimination means. That clears up your entire line of thinking.


No, I just don't agree with your definitions. The fact that you define everything to "prove" that there's no discrimination doesn't mean that I have trouble understanding the concepts involved.

So an unmarried person can be married to two people but a married person can't?


There you go again, defining the privilege in a way that conveniently suits your argument. An unmarried person can marry person A. A married person can not marry person A. The married person is being discriminated against based on their marital status.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 08:21:05


Post by: d-usa


There you go again, defining the privilege in a way that conveniently suits your argument.


That's hillarous coming from the guy that has come up with multiple ways to try to define marriage to try and make his point.

If an ummarried person can marry multiple partners and a married person can't then that's discrimination. If nobody can marry multiple partners then it's not.

Of course we all know that polygamy will be legal long before you ever admit that you made a bad argument, so there is really no point going on.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 08:31:50


Post by: Peregrine


 d-usa wrote:
That's hillarous coming from the guy that has come up with multiple ways to try to define marriage to try and make his point.


I never redefined marriage.

If an ummarried person can marry multiple partners and a married person can't then that's discrimination. If nobody can marry multiple partners then it's not.


And right on schedule you're back with the same biased definition. You're doing the equivalent of saying "gay people are free to marry a person of the opposite gender just like straight people, so there's no discrimination" and defining the desired privilege in a way that conveniently suits your argument. Why is the desired privilege "marrying multiple partners" instead of "marrying this specific person" or "having my relationship recognized by the state"?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 09:30:23


Post by: Bromsy


As a thought experiment; D. When asked about marriage between blood relations, you seemed okay with banning them based on 'public health'.
What is the threshold where 'public health' becomes a reason to ban something?

Men who have sex with men (MSM) account for between 2x-10x the number of new HIV infections every year as compared to heterosexuals, yet surely we wouldn't think about outlawing homosexual relationships amongst men? Would it be moral for a state to ban homosexual relationships between men based on the public health risk there?

Taking a theoretical example ; if two first cousins who were both female or male wanted to get married - would that be okay?

If they were not, but either party were sterile?

If they promised not to have children?

Would the state be allowed to ban two people from marrying if they were known to carry a greater potential for genetic issues in their offspring?




Whiskey makes me argumentative.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 09:47:53


Post by: d-usa


 Bromsy wrote:
As a thought experiment; D. When asked about marriage between blood relations, you seemed okay with banning them based on 'public health'.
What is the threshold where 'public health' becomes a reason to ban something?


That's up to the SCOTUS.

Men who have sex with men (MSM) account for between 2x-10x the number of new HIV infections every year as compared to heterosexuals, yet surely we wouldn't think about outlawing homosexual relationships amongst men?


Many states have outlawed homosexual relationships between men, only to have it struck down by SCOTUS.

Would it be moral for a state to ban homosexual relationships between men based on the public health risk there?


For relationships without marriage, see the above.

The states would probably take the same viewpoint as they do with heterosexual relationships in regards to marriage. Take the test for STDs, then get married and never have sex with anybody put your partner again (not saying that's the reality). So if your initial test is negative then there is no health risk to you or your spouse.

Do states actually do anything with the results and ban marriages if tests are positive, or is it just a "for your information" kind of law?

Taking a theoretical example ; if two first cousins who were both female or male wanted to get married - would that be okay?


Some states have decided that it's okay, some other states have decided that it depends on the exact degree of relation, and some states ban it.

If they were not, but either party were sterile?


That would be an interesting case to argue.

If they promised not to have children?


How would you enforce that? Mandatory birth control? Forced sterilization? Forced abortions? It's another interesting case to argue.

Would the state be allowed to ban two people from marrying if they were known to carry a greater potential for genetic issues in their offspring?


Another interesting case to argue, and once you enter that realm where do you stop? Carriers of a rare disease that almost always results in birth defects? Known elevated risks of cancer?

Whiskey makes me argumentative.


And they are very good arguments. I'm not saying that certain things are okay to be banned because they are a risk to public health, I'm just relating that the courts have found that public health concerns give the states leeway in restricting certain rights.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 09:57:08


Post by: ScootyPuffJunior


 Bromsy wrote:
Taking a theoretical example ; if two first cousins who were both female or male wanted to get married - would that be okay?

It is okay in quite a few states (20 to be exact).

Quite interestingly, first cousin marriage is perfectly legal here in my home state of Virginia, but there is a statute banning in West Virginia. Go figure.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 10:02:20


Post by: PhantomViper


 Yodhrin wrote:


But then you run into all the other problems that have been mentioned; what about Priests who are also Doctors? Lawyers? Business owners? Either the personal convictions of Priests are worthy of greater protection than other citizens, in which case you open up several dozen huge legal worm-cans, or they're simply citizens, in which case their commitment to the public via their accreditation by the state must be held to the same standards as everyone else, including regards discrimination.

I mean crikey, imagine for a moment you could use the fact you are a Priest with a personal conviction that something is morally wrong to protect you while engaging in discriminatory behaviour while conducting other affairs which would ordinarily fall under discrimination laws; could a business owner become a Priest in a religion which holds that the minimum wage is an affront unto God? You can try arguing that it's ridiculous and an obvious attempt to circumvent the law, but the onus would be on the state to prove that their entirely subjective beliefs were not sincerely held. And again, we're talking about a country who's highest legal minds decided corporations are people and, as such, can hold religious beliefs independent of those of the people who make it up and, as such, corporations can refuse to provide insurance with contraceptive cover for women, so whether any rational person might find such scenarios mind-bogglingly mad, there are no guarantees.


Being a Priest is a profession, if you are doing things that concern your profession as a Priest, then you get to follow the rules of that profession so you get to "discriminate" based on those rules because of Religious protection laws.

If you aren't doing things that relate to your profession as a Priest, then you don't get to discriminate anyone because Religious protection doesn't apply.

Trying to get a Priest to do things that go directly against the rules of his church, while he is acting as a Priest, goes a bit into the religious persecution thing that the right is always complaining about.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 10:06:12


Post by: Bromsy


 d-usa wrote:


How would you enforce that? Mandatory birth control? Forced sterilization? Forced abortions?


I would like to see pinkie swears.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 10:54:36


Post by: Matthew


I feel like it's weird that they decide it's a right now, not say 10 years ago.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 11:36:27


Post by: Frazzled


 Kilkrazy wrote:
 CptJake wrote:
 Kilkrazy wrote:

If marriages are to have any legal force they need to be registered with the legal authorities and until that has been done they do not count as legal marriages no matter what ceremonies you may have emjoyed.


That is not true. There are plenty of jurisdictions which recognize common law marriages.


Nine, actually, according to Wikipedia, which is hardly plenty.


I know right, little jurisdictions like California and Texas.


Automatically Appended Next Post:
 Peregrine wrote:
 d-usa wrote:
For polygamy that boils down to:

1) Is someone else allowed to marry more than one person? No.

And it basically stops there. There is no discrimination because there is not a case of you not being allowed to do something that somebody else is allowed to do.


This argument only works if you assume that the thing people are allowed to do is "marry exactly one other person", instead of something like "have my relationship recognized by the state". If you interpret it the second way then yes, it is discrimination because two-person marriages are granted all of those privileges while multi-person marriages are not. And it's discrimination that doesn't have any legitimate reasons behind it. It isn't about the state acting in the public interest, it's the same "eww, gross" reaction that was behind bans on gay marriage.


Its indeed the same argument used against gay marriage right. That decline there appears somewhat slick.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 15:18:06


Post by: Yodhrin


 Ensis Ferrae wrote:
 d-usa wrote:

I think that they should have to follow the same rules as a justice of the peace, since their state sanctioned role is the same. If they perform a role that requires a state license or state sanctioning then there should be no exemptions. I feel the same way about a member of the clergy that is also a pharmacist, a nurse, a doctor, or any other profession that requires a license by the state.





I agree with this... with one caveat. Use of the "clubhouse" can be denied, following the rules of whatever religion it is, much the same way a country club or other venues do.

-If "you" (the couple getting married) do not conform to the rules set forth by the religious group, or secular group (such as golfing clubs/country clubs), and the group is not OK with you using their grounds should be A-OK, and you should basically expect to be turned down if you're asking to use the venue.



As others have said; providing such churches actually operated as a "clubhouse", ie only providing such ceremonies to their members, fine. However, if they are prepared to marry members of the public, if they're prepared to conduct a Christian ceremony for a straight couple in which one partner is an atheist, or a Muslim, or a Jew without requiring that person to convert and join their club; no, because that's not a club, it's a service provider discriminating against gay people, and should be treated accordingly.

PhantomViper wrote:
 Yodhrin wrote:


But then you run into all the other problems that have been mentioned; what about Priests who are also Doctors? Lawyers? Business owners? Either the personal convictions of Priests are worthy of greater protection than other citizens, in which case you open up several dozen huge legal worm-cans, or they're simply citizens, in which case their commitment to the public via their accreditation by the state must be held to the same standards as everyone else, including regards discrimination.

I mean crikey, imagine for a moment you could use the fact you are a Priest with a personal conviction that something is morally wrong to protect you while engaging in discriminatory behaviour while conducting other affairs which would ordinarily fall under discrimination laws; could a business owner become a Priest in a religion which holds that the minimum wage is an affront unto God? You can try arguing that it's ridiculous and an obvious attempt to circumvent the law, but the onus would be on the state to prove that their entirely subjective beliefs were not sincerely held. And again, we're talking about a country who's highest legal minds decided corporations are people and, as such, can hold religious beliefs independent of those of the people who make it up and, as such, corporations can refuse to provide insurance with contraceptive cover for women, so whether any rational person might find such scenarios mind-bogglingly mad, there are no guarantees.


Being a Priest is a profession, if you are doing things that concern your profession as a Priest, then you get to follow the rules of that profession so you get to "discriminate" based on those rules because of Religious protection laws.

If you aren't doing things that relate to your profession as a Priest, then you don't get to discriminate anyone because Religious protection doesn't apply.

Trying to get a Priest to do things that go directly against the rules of his church, while he is acting as a Priest, goes a bit into the religious persecution thing that the right is always complaining about.


Conducting a religious ceremony is part of a Priest's profession.

Binding people in a legal marriage as an agent of the state is a distinct responsibility.

They presently do both at the same time, but they are not the same thing, and if the state makes gay marriage legal then while a Priest can refuse to conduct a religious ceremony for a gay couple, he cannot be allowed to refuse to perform a legal marriage for a gay couple because to do so you would have to say that his status as a Priest, and the personal convictions that go along with that, supercede his responsibilities to act in accordance with the law as an agent of the state. If such a precedent were set, it could be used as a basis to argue that the personal convictions of an ordained Priest could take precedence over other legal and contractual obligations in other cases, since if the state is not willing to enforce such obligations over its own agents, what right does anyone else have to do so?

That's the distinction; a Priest performing a legal marriage, whether with a religious ceremony or not, is not acting solely as a Priest, but also as an agent of the state. Either they're held to the same standards as other agents of the state who perform the same functions, or they should no longer be permitted to act as agents of the state; their religious ceremonies would be non-binding pageantry with no legal standing until validated by contract.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:00:02


Post by: PhantomViper


 Yodhrin wrote:

Binding people in a legal marriage as an agent of the state is a distinct responsibility.


And outside of the US, that is not something that I'm aware that Priests can do.

Catholic Priests can only perform the Catholic Marriage Sacrament, the State has a special agreement with the Catholic Church (and all other recognized religions AFAIK), that states that as long as all the legal paperwork is filled, then the Religious ceremony has the same legal weight as the Civil ceremony. But they are not the same thing. A Priest cannot perform a civil marriage any more than a justice of the peace can perform a religious marriage.

Last year a relative of mine was wed to a divorced Protestant (damn 'muricans stealing our women! ). Being a Catholic, she couldn't have a Catholic Marriage even though her Priest was a very good friend of hers. But the Priest also couldn't perform her civil marriage because he doesn't have that power. She had to go to a Justice of the Peace to get married and after that ceremony her Catholic Priest friend gave a blessing to the whole thing.

As far as I'm aware, outside the US this is how things work. Please correct me and enlighten me if I'm wrong.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:13:23


Post by: Yodhrin


PhantomViper wrote:
 Yodhrin wrote:

Binding people in a legal marriage as an agent of the state is a distinct responsibility.


And outside of the US, that is not something that I'm aware that Priests can do.

Catholic Priests can only perform the Catholic Marriage Sacrament, the State has a special agreement with the Catholic Church (and all other recognized religions AFAIK), that states that as long as all the legal paperwork is filled, then the Religious ceremony has the same legal weight as the Civil ceremony. But they are not the same thing. A Priest cannot perform a civil marriage any more than a justice of the peace can perform a religious marriage.

Last year a relative of mine was wed to a divorced Protestant (damn 'muricans stealing our women! ). Being a Catholic, she couldn't have a Catholic Marriage even though her Priest was a very good friend of hers. But the Priest also couldn't perform her civil marriage because he doesn't have that power. She had to go to a Justice of the Peace to get married and after that ceremony her Catholic Priest friend gave a blessing to the whole thing.

As far as I'm aware, outside the US this is how things work. Please correct me and enlighten me if I'm wrong.


I believe in the UK, the two are completely distinct, the ceremony is essentially incidental, as long as the signatures go on the appropriate pieces of paper and are properly witnessed you could dispense with it entirely. It's an approach I find eminently sensible, and if the US want to go that way it solves that part of the issue neatly,

However, at present Priests in America act as agents of the state and perform legal marriages. Whether exemptions exist at the moment for specific religious peculiarities is irrelevant; they shouldn't, not in the case you describe, and not in the case of gay couples who want to be married. If you're performing a legal marriage recognised by the state, you are acting in the name of the state, and so should be forced to comply with all the laws of that state which apply to any other agent of the state acting in the same capacity. If a Justice of the Peace must marry a Catholic to a divorced Protestant, or an Atheist to a Jew, or a gay man to another gay man, then so must anyone else empowered by the state to legally marry two people. If they don't wish to work under such a basic standard of equality, then they should be stripped of the right to conduct legally binding marriages of any sort and must simply accept that their preferred religious ritual will be that and nothing more; a religious ritual.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:15:21


Post by: KalashnikovMarine


I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:37:12


Post by: Ahtman


 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated, plus all the research showing it is problematic. When only two adults are making a commitment there is less trouble in general.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:41:55


Post by: Frazzled


 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated, plus all the research showing it is problematic. When only two adults are making a commitment there is less trouble in general.


Many countries outside the US would disagree with that, as polygamy is a common accepted practice.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:44:15


Post by: sirlynchmob


 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated,


Not at all, in the end a marriage is nothing more than a legal contract. And it is entirely possible for large groups of people to enter a contract, as evident in any class action law suit.

having 3 wives is really no more problematic for consent than having 3 marriage licenses.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:46:16


Post by: PhantomViper


sirlynchmob wrote:
 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated,


Not at all, in the end a marriage is nothing more than a legal contract. And it is entirely possible for large groups of people to enter a contract, as evident in any class action law suit.

having 3 wives is really no more problematic for consent than having 3 marriage licenses.


Well, I guess that any divorce process could be a bit more problematic though.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:48:30


Post by: Frazzled


No the one spouse is thrown out the rest retained. The other spouses usually have no official say in either the marriage or divorce. Aint love grand?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:52:53


Post by: sirlynchmob


PhantomViper wrote:
sirlynchmob wrote:
 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated,


Not at all, in the end a marriage is nothing more than a legal contract. And it is entirely possible for large groups of people to enter a contract, as evident in any class action law suit.

having 3 wives is really no more problematic for consent than having 3 marriage licenses.


Well, I guess that any divorce process could be a bit more problematic though.


not at all, custody battles are always messy and problematic, even with just 2 people involved. Other than that, assuming a man with 3 wives again. if one wife leaves, she could claim alimony based on his income and 1/2 of each of the other 2 wives income. one of the mans marriages becomes void, while the other 2 remain.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:52:59


Post by: PhantomViper


 Frazzled wrote:
No the one spouse is thrown out the rest retained. The other spouses usually have no official say in either the marriage or divorce. Aint love grand?


Well, in the countries are that usually associated with polygamy, where the wives are viewed more or less as property, sure, that is a simple enough affair.

But imagine how a divorce process would occur in a polygamy, polyandry or even polyamory situation in a modern western democracy... If a normal divorce can be hell I couldn't even begin to imagine what an experience like that would be.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:55:32


Post by: Frazzled


No different. The essential contract is between the two parties, not all parties.

I'm just visualizing have three or four mother in laws. Sweet Justin Bieber protect us from this Evilz!


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:56:33


Post by: KalashnikovMarine


 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated, plus all the research showing it is problematic. When only two adults are making a commitment there is less trouble in general.


I hardly see how that's our problem. Surely the group in question can sort that gak themselves like adults.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 16:58:46


Post by: PhantomViper


 Frazzled wrote:
No different. The essential contract is between the two parties, not all parties.


Really? I had no idea. How would the property rights be solved then?

And does that also apply to polyamory situations? (where you have several male-female pairs intermarried between them)


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 17:06:02


Post by: sirlynchmob


PhantomViper wrote:
 Frazzled wrote:
No different. The essential contract is between the two parties, not all parties.


Really? I had no idea. How would the property rights be solved then?

And does that also apply to polyamory situations? (where you have several male-female pairs intermarried between them)


same way they are now. either sell the house and split the money between everyone with a claim on the house. Or buy out the one that wants to leave.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 17:06:05


Post by: Frazzled


I don't know polamory.

Property - good question. Its especially difficult in community property states. I don't know.

The way things are progressing we'll find out in about ten years.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 17:56:46


Post by: gasdg


I think the actual overwhelming level of times which Lgbt Matrimony has not been practiced might reveal that even though his / her statements are usually valid that it would be the exclusion instead of the rule.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 18:07:39


Post by: kingbobb


The legal justification for multiple spouses is not the same when it comes to same-sex spouses. The latter is a matter of illegal discrimination, and a violation of equal protection. With sex identified as a protected class, you can't discriminate on the basis of sex...so denying anyone a right based on sex becomes a violation of equal protection.

That doesn't work when you look at multiple-spouse marriages. Plurality has never been considered a protected class, so the equal protection concepts have never applied to it. So there's nothing wrong with a law that uses numbers as a limiting factor, so long as it does not include any protected class as well.

Take high occupancy lanes on a freeway, for example. You can prohibit vehicles with fewer than 3 people in them just fine. Cars with only 2 people in them cannot rightfully claim discrimination, because numbers are not a protected class. But if you tried to allow only vehicles with exactly 1 man and 1 woman to travel, you'd be in the same boat that laws that restrict marriage to the same pair.

So I don't really reel that the current challenges seeking to recognize same-sex marriage will lead to opening the door to all kinds of other marriages, as the grounds are just not the same.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 18:09:18


Post by: Frazzled


Yes, that argument will hold up. I'm sure its way different than the argument for gay marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 19:17:20


Post by: Ensis Ferrae


 Yodhrin wrote:


They presently do both at the same time, but they are not the same thing, and if the state makes gay marriage legal then while a Priest can refuse to conduct a religious ceremony for a gay couple, he cannot be allowed to refuse to perform a legal marriage for a gay couple because to do so you would have to say that his status as a Priest, and the personal convictions that go along with that, supercede his responsibilities to act in accordance with the law as an agent of the state. If such a precedent were set, it could be used as a basis to argue that the personal convictions of an ordained Priest could take precedence over other legal and contractual obligations in other cases, since if the state is not willing to enforce such obligations over its own agents, what right does anyone else have to do so?



Such a precedent has basically already been set... See the Hobby Lobby case, in which it was ruled that the "owners" of Hobby Lobby's religious convictions allowed them to deny employees medical coverage for a list of contraceptives, on the grounds that those contraceptives are "abortion pills" and go against the religious beliefs of the owners.


Automatically Appended Next Post:
 Frazzled wrote:
No different. The essential contract is between the two parties, not all parties.



As it stands "now" sure... But, in a situation like what Peregrine has been advocating/talking about ITT, the "group" would have a single marriage license, and would thus have to agree in some way to a divorce.

Let's say for example that theres a man who has 4 wives. After a couple, 3-4 years or whatever, he and wives A and B realize that wife C is a terrible person, and is no good for the family so they want to get a divorce. But, it turns out that wife D really likes wife C and doesn't want a divorce, but wives A and B really, really like wife D so they cant just cut her out as well....Does wife D get a say in the proceedings? Does the divorce decision need to be unanimous? or a super majority, or even just a simple majority?

Lol... aside from all that... yeah, I don't know of any sane person out there who'd want to deal with more than one set of in-laws


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 19:50:03


Post by: Prestor Jon


 Ensis Ferrae wrote:
 Yodhrin wrote:


They presently do both at the same time, but they are not the same thing, and if the state makes gay marriage legal then while a Priest can refuse to conduct a religious ceremony for a gay couple, he cannot be allowed to refuse to perform a legal marriage for a gay couple because to do so you would have to say that his status as a Priest, and the personal convictions that go along with that, supercede his responsibilities to act in accordance with the law as an agent of the state. If such a precedent were set, it could be used as a basis to argue that the personal convictions of an ordained Priest could take precedence over other legal and contractual obligations in other cases, since if the state is not willing to enforce such obligations over its own agents, what right does anyone else have to do so?



Such a precedent has basically already been set... See the Hobby Lobby case, in which it was ruled that the "owners" of Hobby Lobby's religious convictions allowed them to deny employees medical coverage for a list of contraceptives, on the grounds that those contraceptives are "abortion pills" and go against the religious beliefs of the owners.


In addition to the precedent of the Hobby Lobby case, it is also widely accepted that people of one denomination can't force a priest of a different denomination to act in a way contrary to their beliefs. If the scenario of a gay couple in a state with legal gay marriage being able to require a Catholic priest to sign a marriage license for them were to be true then it would also have to be true that a Jewish couple or a Hindu couple or Baptist, etc. could also force a Catholic priest to sign a marriage license for them. Since the latter example can currently happen but I don't think it's even been supported by law, I don't see how or why SCOTUS or anyone else would rule in favor of the former.

It's also important to remember that priests refusing to marry a couple based on religious doctrine doesn't stop anyone from getting married. Any couple legally capable of being married can get a marriage license signed by a magistrate/justice of the peace/clerk/whatever. A priest refusing to do it doesn't mean they can't get married so no harm is done and no rights are infringed by the priest's refusal so there is no legal grounds to compel the priest to act in a way contrary to his/her religious beliefs (notwithstanding that there is already federal law that guarantees the right of the priest to refuse on religious grounds).


Automatically Appended Next Post:
 Ensis Ferrae wrote:

 Frazzled wrote:
No different. The essential contract is between the two parties, not all parties.



As it stands "now" sure... But, in a situation like what Peregrine has been advocating/talking about ITT, the "group" would have a single marriage license, and would thus have to agree in some way to a divorce.

Let's say for example that theres a man who has 4 wives. After a couple, 3-4 years or whatever, he and wives A and B realize that wife C is a terrible person, and is no good for the family so they want to get a divorce. But, it turns out that wife D really likes wife C and doesn't want a divorce, but wives A and B really, really like wife D so they cant just cut her out as well....Does wife D get a say in the proceedings? Does the divorce decision need to be unanimous? or a super majority, or even just a simple majority?

Lol... aside from all that... yeah, I don't know of any sane person out there who'd want to deal with more than one set of in-laws


I would think that even in polyamorous situations the actual marriage contract is still between two people. If, for example, I marry 4 wives what I am doing is getting a marriage license between myself and one woman four different times. My theoretical 4 wives don't have to be married to each other, they just have to be married to me. Now if a state allowed poly marriages and gay marriages then my wives could be married to each other and to me simultaneously and that would get complicated. In the instance of me just having 4 different marriage licenses with 4 different women then it would still be a case of two party divorce that would not require the other wives to have any say because the other 3 wives aren't part of the marriage that is being dissolved.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 20:15:38


Post by: Peregrine


For people who think that multi-person marriage would be too complicated: how do you think we handle multi-person entities in other contexts? The lawyers have figured out how to deal with a multi-person business partnership that breaks up or adds/loses people, so why would marriage be any different? Sure, the current laws would have to be modified to handle all of those new situations, but that's something that can be done.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 21:38:08


Post by: Yodhrin


 Ensis Ferrae wrote:
 Yodhrin wrote:


They presently do both at the same time, but they are not the same thing, and if the state makes gay marriage legal then while a Priest can refuse to conduct a religious ceremony for a gay couple, he cannot be allowed to refuse to perform a legal marriage for a gay couple because to do so you would have to say that his status as a Priest, and the personal convictions that go along with that, supercede his responsibilities to act in accordance with the law as an agent of the state. If such a precedent were set, it could be used as a basis to argue that the personal convictions of an ordained Priest could take precedence over other legal and contractual obligations in other cases, since if the state is not willing to enforce such obligations over its own agents, what right does anyone else have to do so?



Such a precedent has basically already been set... See the Hobby Lobby case, in which it was ruled that the "owners" of Hobby Lobby's religious convictions allowed them to deny employees medical coverage for a list of contraceptives, on the grounds that those contraceptives are "abortion pills" and go against the religious beliefs of the owners.


My understanding of that ruling was that the court ruled Hobby Lobby itself, ie the "corporate person", was the entity which held the beliefs, and it was only on that basis they were exempted from the law. I suppose you're right though, that does set a troubling precedent, although regardless setting further bad precedents because one has already been set is not a good plan.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/22 21:53:18


Post by: whembly


 Yodhrin wrote:
 Ensis Ferrae wrote:
 Yodhrin wrote:


They presently do both at the same time, but they are not the same thing, and if the state makes gay marriage legal then while a Priest can refuse to conduct a religious ceremony for a gay couple, he cannot be allowed to refuse to perform a legal marriage for a gay couple because to do so you would have to say that his status as a Priest, and the personal convictions that go along with that, supercede his responsibilities to act in accordance with the law as an agent of the state. If such a precedent were set, it could be used as a basis to argue that the personal convictions of an ordained Priest could take precedence over other legal and contractual obligations in other cases, since if the state is not willing to enforce such obligations over its own agents, what right does anyone else have to do so?



Such a precedent has basically already been set... See the Hobby Lobby case, in which it was ruled that the "owners" of Hobby Lobby's religious convictions allowed them to deny employees medical coverage for a list of contraceptives, on the grounds that those contraceptives are "abortion pills" and go against the religious beliefs of the owners.


My understanding of that ruling was that the court ruled Hobby Lobby itself, ie the "corporate person", was the entity which held the beliefs, and it was only on that basis they were exempted from the law. I suppose you're right though, that does set a troubling precedent, although regardless setting further bad precedents because one has already been set is not a good plan.

No... the Hobby Lobby case was about "closely held corporations". I.E. the owner's belief in that company.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 03:29:52


Post by: Relapse


PhantomViper wrote:
 Frazzled wrote:
No the one spouse is thrown out the rest retained. The other spouses usually have no official say in either the marriage or divorce. Aint love grand?


Well, in the countries are that usually associated with polygamy, where the wives are viewed more or less as property, sure, that is a simple enough affair.

But imagine how a divorce process would occur in a polygamy, polyandry or even polyamory situation in a modern western democracy... If a normal divorce can be hell I couldn't even begin to imagine what an experience like that would be.


I had a neighbor that was a wife in a polygamous marriage, and she got a divorce with no problem. It's a simple as one partner not being married anymore and filing the papers. I've seen uglier divorces from traditional marriages.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 04:37:23


Post by: Ahtman


Relapse wrote:
I had a neighbor that was a wife in a polygamous marriage, and she got a divorce with no problem. It's a simple as one partner not being married anymore and filing the papers. I've seen uglier divorces from traditional marriages.


Considering that polygamy is illegal if there was no problems with the divorce then it would seem there is something probably missing from this anecdote. My guess is that that in the eyes of the state the woman that got the divorce was the only one legally married to begin with. If you go to court, or your lawyer, and say you want to divorce one of your spouses things tend to get complicated.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 04:45:48


Post by: easysauce


 Ahtman wrote:
 KalashnikovMarine wrote:
I don't see the problem with polygamy or polygyny myself, as long as everyone's a consenting adult, who cares?


When you have multiple people involved consent becomes more complicated, plus all the research showing it is problematic. When only two adults are making a commitment there is less trouble in general.


how inconvenient/distasteful it is for you or the state should not be a determining factor when allowing consenting adults to marry.

Consenting adults are consenting adults, its just as wrong to disallow consensual polygamy as it is any other consensual adult sexuality like homosexuality.



Automatically Appended Next Post:
 Peregrine wrote:
For people who think that multi-person marriage would be too complicated: how do you think we handle multi-person entities in other contexts? The lawyers have figured out how to deal with a multi-person business partnership that breaks up or adds/loses people, so why would marriage be any different? Sure, the current laws would have to be modified to handle all of those new situations, but that's something that can be done.


I know right?

its like everyone things the world ends if more then two people get married.... I mean, I know the government is inept at the best of times, but even they can count past 2.

Its giving me deja vu to back when gay marrage wasnt as accepted, same old opposition "its too complicated/confusing/different to what im used to/ect"


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 06:01:18


Post by: Bullockist


 Frazzled wrote:
I don't know polamory.

Property - good question. Its especially difficult in community property states. I don't know.

The way things are progressing we'll find out in about ten years.


I had a south sudanese guy explain it to me. In a multi-marriage situation (in sudan the dowry is paid by the man to the wifes' family) the dowry is there to safeguard (as I see it) the woman if the guy divorces her. If she divorces him he gets the dowry. KInda makes sense. I always thought it was like a purchase price, now i see it as more of an insurance policy. That may be onbly certain tribes in south sudan/uganda


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 08:34:16


Post by: d-usa


Just in case anybody thinks that a SCOTUS ruling would stop any of the crap going on. My state already filed a bill to get rid of all marriages, and our most face-palm worthy State rep is at it again and introduced three bills:

(As a reminder, she is our fun lady who gave a fun speech in 2008 declaring Homosexuality a bigger threat to our nation than terorrism.)

House Bill 1597, which would allow businesses to refuse service “to any lesbian, gay, bisexual or transgender person, group or association,” and be immune from civil liability.



House Bill 1598 would allow parents to seek counseling and therapy to change a gay child’s sexual orientation without interference from the state.

“The people of this state have the right to seek and obtain counseling or conversion therapy from a mental health provider in order to control or end any unwanted sexual attraction, and no state agency shall infringe upon that right,” the bill says. “Parents may obtain such counseling or therapy for their children under eighteen (18) years of age without interference by the state.”


And of course the "marriage thing":


House Bill 1599 says that no taxpayer funds or governmental salaries can be used for the licensing or support of same-sex marriage.

“No employee of this state and no employee of any local governmental entity shall officially recognize, grant or enforce a same-sex marriage license and continue to receive a salary, pension or other employee benefit at the expense of taxpayers of this state,” the measure says. “No taxes or public funds of this state shall be spent enforcing any court order requiring the issuance or recognition of a same-sex marriage license.”

The measure directs state courts to dismiss any challenge to the measure and award costs and attorney fees to the defendant. A judge who violates the act shall be removed from office, according to the bill.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 08:56:28


Post by: Dreadwinter


 Matthew wrote:
I feel like it's weird that they decide it's a right now, not say 10 years ago.


The land of the free, one step at a time.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 09:24:39


Post by: motyak


God damn I love your state d-usa. It is depressingly hilarious.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 13:30:39


Post by: Bran Dawri


I'd call that hilariously depressing - but that is some pants-on-head slowed bullgak there.
Wonder if those bills will get passed, and if so, how long it takes for them to be challenged above the state level and thrown out as being unconstitutional? Especially if SCOTUS rules in favour of SS marriages.

I mean, I can't see any "law" that says in its text somewhere that any challenges are automatically dismissed as remotely palatable to *anyone* with the slightest bit of interest in civil rights.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 14:00:18


Post by: Prestor Jon


 Dreadwinter wrote:
 Matthew wrote:
I feel like it's weird that they decide it's a right now, not say 10 years ago.


The land of the free, one step at a time.


There still isn't a right to get a marriage license and there never will be. The SCOTUS case isn't about a right to do anything. The case is specifically about who can be lawfully denied a marriage license by the state and if states are required by federal law to honor marriage licenses awarded in other states if they conflict with the laws in the first party state. That's it. Nobody has ever had a right to a license be it a marriage license, drivers license, fishing license, business license, medical license etc. If you need a license for it then it's not a right, rights don't require a license.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 14:43:58


Post by: Ahtman


Prestor Jon wrote:
If you need a license for it then it's not a right, rights don't require a license.


Most firearms require a license...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 14:49:54


Post by: CptJake


 Ahtman wrote:
Prestor Jon wrote:
If you need a license for it then it's not a right, rights don't require a license.


Most firearms require a license...


Not where I live.




US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 15:56:52


Post by: Prestor Jon


 CptJake wrote:
 Ahtman wrote:
Prestor Jon wrote:
If you need a license for it then it's not a right, rights don't require a license.


Most firearms require a license...


Not where I live.




Same here with long guns. Pistols are still controlled by Jim Crow laws though.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 16:25:14


Post by: Ensis Ferrae


 CptJake wrote:
 Ahtman wrote:
Prestor Jon wrote:
If you need a license for it then it's not a right, rights don't require a license.


Most firearms require a license...


Not where I live.





Only if I wanted to carry it hidden where nobody can see it.... In fact, I've NEVER lived in a state where you need a license to OWN a firearm, but I've lived in several that require licensure in order to "carry" one


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 16:29:41


Post by: Ahtman


 Ensis Ferrae wrote:
Only if I wanted to carry it hidden where nobody can see it.... In fact, I've NEVER lived in a state where you need a license to OWN a firearm, but I've lived in several that require licensure in order to "carry" one


What use is one that you cannot "carry"? Do you yell at the bad men that you have a firearm at home?

That aside I was indeed thinking of the carry license, not a license for a firearm, though I think you still need one for some like Class 4.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 17:03:01


Post by: CptJake


Assuming you mean class 3, you need a tax stamp, not a license. You only need a license to be a dealer or manufacturer.

And even carry permits are not required everywhere. Open carry without a permit is allowed in some states/jurisdictions.



US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 17:17:02


Post by: Frazzled


In Texas nothing is needed to carry in your vehicle. Massively Overkill is suggested however.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 19:36:36


Post by: skyth


I'd guess you need a licence for a machine gun or a howitzer


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 19:42:55


Post by: CptJake


You need a tax stamp for the machine gun, it is a class 3 weapon.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 20:40:30


Post by: Kilkrazy


Thread successfully derailed.

If you were shot by an illegal immigrant, or perhaps a policeman while surrendering, would you be entitled to free treatment in a county hospital or condemned by a socialist death panel unless you had been previously incorporated and were counted as a person?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 20:47:08


Post by: daedalus


Welp, I'm going to be busy for a while. Head just exploded. I gotta clean this up before it stains.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 21:02:52


Post by: Chongara


(how in the world did this turn into a gun thread?). Back on track:

So let's say something comes down that blanket grants the right to same sex marriage. Would anything stop the states from doing something like:

Form A: Lists the name of Husband (Man) & Husband (Man) to be married.
Form B: Lists the name of Husband (Man) & Wife (Woman) to be married.
Form C: Lists the name of Wife (Woman) & Wife (Woman) to be married.

Then only make Form B meaningfully/easily accessible. Say, printing only 5 copies of Form A and C per year, or only making them available from the most remote offices. Or maybe something a bit less transparent.

Recently states have been using these kind of technicalities like "Saftey" regulations for abortion clinics and "Fraud" regulations for voting, to remove rights from people they don't wish to have those rights.

It seems like it'd take a pretty heavy handed action to make anything stick in the more backwards parts of the country.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 21:42:45


Post by: dogma


 Frazzled wrote:
No the one spouse is thrown out the rest retained. The other spouses usually have no official say in either the marriage or divorce. Aint love grand?


How would you determine the division of assets?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 21:45:08


Post by: Peregrine


 dogma wrote:
How would you determine the division of assets?


How do you determine the division of assets when a business with three or more owners breaks up or one of the owners leaves?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 21:47:37


Post by: dogma


 Peregrine wrote:

It isn't multiple relationships, it's a single relationship with multiple people.


Not really. Polygamous and polygynous marriages involve the marriage of multiple people to a single person, implying the existence of separate relationships. What you're describing is a polyamorous marriage.

 Peregrine wrote:

How do you determine the division of assets when a business with three or more owners breaks up or one of the owners leaves?


What sort of business?

Either way, even unincorporated businesses with multiple owners exist under a contract specifying percentage of ownership and liability. In a polygamous of polygynous marriage the core spouse is bound to each of his/her spouses under separate contracts, as such one would required to separate the assets of the core spouse from those the spouses not being divorced in order to determine the division of assets. Good luck with that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 22:21:23


Post by: Kilkrazy


 Peregrine wrote:
 dogma wrote:
How would you determine the division of assets?


How do you determine the division of assets when a business with three or more owners breaks up or one of the owners leaves?


By the shares. In fact that is how it is done if the business has two owners or even only one.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 22:27:53


Post by: Peregrine


 dogma wrote:
Not really. Polygamous and polygynous marriages involve the marriage of multiple people to a single person, implying the existence of separate relationships. What you're describing is a polyamorous marriage.


Nope. The actual definitions:

Polygamy = general term for marriage involving more than two people.
Polygyny = one man with multiple wives.
Polyandry = one woman with multiple husbands.
Polyamory = general term for relationships between more than two people that may or may not involve marriage.

The idea that polygamy is limited to one man with multiple women is a misconception that comes from the fact that most (or at least the best-known) modern polygamy involves religious groups that only allow that one form.

What sort of business?


That's something for the lawyers to figure out. The fact that I'm not a lawyer and don't have a system for asset division prepared does not mean that such a system would be impossible to create. It's only a barrier to allowing marriage between more than two people if you ignore the fact that our legal system is perfectly capable of handling similar situations in the business world, and could very easily come up with new laws to handle the more complex financial relationships between 3+ people.

In a polygamous of polygynous marriage the core spouse is bound to each of his/her spouses under separate contracts, as such one would required to separate the assets of the core spouse from those the spouses not being divorced in order to determine the division of assets.


Why are you assuming that a hypothetical multi-person marriage contract is created in any particular way when it doesn't exist yet? There's no reason to assume that there are separate contracts between each pair of people rather than a single multi-person contract covering the entire marriage group. Obviously it could be done with separate contracts, but that's something to be determined if/when the new laws are created, not something that is automatically true.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 22:48:24


Post by: dogma


 Peregrine wrote:

The idea that polygamy is limited to one man with multiple women is a misconception that comes from the fact that most (or at least the best-known) modern polygamy involves religious groups that only allow that one form.


Well, I stand corrected. However, my point about polyamorous marriage still stands.

 Peregrine wrote:

That's something for the lawyers to figure out. The fact that I'm not a lawyer and don't have a system for asset division prepared does not mean that such a system would be impossible to create. It's only a barrier to allowing marriage between more than two people if you ignore the fact that our legal system is perfectly capable of handling similar situations in the business world, and could very easily come up with new laws to handle the more complex financial relationships between 3+ people.


If you want to compare marriage to a business in the course of argument, then you have to develop the analogy.

As it stands, marriages are not like businesses. People don't "buy in" to a marriage in the same way they "buy in" to a business.

 Peregrine wrote:

Why are you assuming that a hypothetical multi-person marriage contract is created in any particular way when it doesn't exist yet? There's no reason to assume that there are separate contracts between each pair of people rather than a single multi-person contract covering the entire marriage group.


Because polygamy involves several, independent marriages relating to a single, core spouse. Forcing spouses to sign contracts with people they do not wish to marry is tacit to forcing them into a polyamorous marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 23:08:25


Post by: Peregrine


 dogma wrote:
However, my point about polyamorous marriage still stands.


Not really, since polyamory and marriage are two separate things.

If you want to compare marriage to a business in the course of argument, then you have to develop the analogy.


Why? I'm not developing a complete law for asset distribution in multi-person divorces, I'm just pointing out that our legal system is perfectly capable of handling asset distribution in situations involving group assets with more than two people in the group. The fact that no current law exists to handle the situation does not mean that no law could ever do it.

As it stands, marriages are not like businesses. People don't "buy in" to a marriage in the same way they "buy in" to a business.


You're missing the point of the comparison. Obviously a marriage is not a business partnership, and I never said it was. The point is that adding more co-owners to collection of assets does not magically make it impossible to handle the addition or departure of one (or more) of those co-owners, it just makes more work for the lawyers. The comparison is only about the division of assets problem, not anything else about marriage or business.

Because polygamy involves several, independent marriages relating to a single, core spouse.


No it doesn't. Again, get your definitions right. Polygamy is a general term for marriages involving more than two people. At least two of its forms (polygyny and polyandry) involve one central spouse marrying multiple people who do not have any formal relationship to each other outside of the central spouse, but those two forms are not all that "polygamy" covers.

Forcing spouses to sign contracts with people they do not wish to marry is tacit to forcing them into a polyamorous marriage.


Again, polyamory and marriage are two separate things. And forcing spouses to sign a contract with people they don't wish to marry is not forcing them into anything other than forcing them to sign a contract. If A marries B and C then the hypothetical contract simply says "this is a marriage consisting of A married to B and C", it doesn't have to make B and C married to each other. The purpose is not to create some kind of group marriage where everyone is everyone's spouse, it's to cover the entire marriage with a single contract that is replaced with a new one every time the marriage changes. If B wants to divorce A then the marriage contract ends, assets are distributed, and all three people are now single (though of course A is free to immediately re-marry C under a new contract). If A wishes to marry D then the marriage contract ends, assets are distributed, and all three people from the original marriage are briefly single until all four people in the new marriage sign a new contract that says "this is a marriage consisting of A married to B and C and D".


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 23:29:16


Post by: dogma


 Peregrine wrote:

Not really, since polyamory and marriage are two separate things.


That's why I said "polyamorous marriage", and not just "polyamory".

 Peregrine wrote:

You're missing the point of the comparison.


No, I'm pointing out how the fundamental differences between marriage contracts and business contracts makes your comparison inapt.

 Peregrine wrote:

No it doesn't. Again, get your definitions right. Polygamy is a general term for marriages involving more than two people


I think it was quite clear what I meant, given that the term "polygamy" is generally not used inclusively with respect to group marriages.

 Peregrine wrote:

And forcing spouses to sign a contract with people they don't wish to marry is not forcing them into anything other than forcing them to sign a contract. If A marries B and C then the hypothetical contract simply says "this is a marriage consisting of A married to B and C", it doesn't have to make B and C married to each other.


Sure, if the marriages occur at the same time, but what if they don't?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 23:47:19


Post by: Peregrine


 dogma wrote:
That's why I said "polyamorous marriage", and not just "polyamory".


But "polyamorous marriage" doesn't tell us anything, besides the fact that more than two people are somehow involved (or potentially involved). It's a polyamorous marriage if A marries B and each of them have casual partners, it's a polyamorous marriage if A and B and C are all married to each other and C is married to D separately, it's a polyamorous marriage if A marries B and both are open to additional people but aren't currently dating anyone, etc.

No, I'm pointing out how the fundamental differences between marriage contracts and business contracts makes your comparison inapt.


No you haven't. You haven't said anything about the difficulty of asset division, you've just claimed that they're different in ways that aren't relevant to asset division.

I think it was quite clear what I meant, given that the term "polygamy" is generally not used inclusively with respect to group marriages.


No it isn't clear, and the fact that a lot of people misuse the term "polygamy" doesn't mean that your misuse is correct.

Sure, if the marriages occur at the same time, but what if they don't?


I already addressed that. A marries B, and that's a marriage contract. A later wishes to marry C as well, so the first marriage contract ends, assets are divided (at least on paper), etc. A, B and C then sign a new marriage contract where A is married to B and C.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/23 23:47:56


Post by: sirlynchmob


 dogma wrote:


If you want to compare marriage to a business in the course of argument, then you have to develop the analogy.

As it stands, marriages are not like businesses. People don't "buy in" to a marriage in the same way they "buy in" to a business.


Lol, there is a huge down payment required to buy into a marriage. The ring, and license at a minimum, and the Kardashians are still trying to set a new maximum

the difference is when you cash out, you can sell your shares, but it costs yet more money to "buy out" of a marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 02:59:05


Post by: dogma


 Peregrine wrote:

But "polyamorous marriage" doesn't tell us anything, besides the fact that more than two people are somehow involved (or potentially involved).


Very well, I will specify. By "polyamorous marriage" I mean a marriage in which all parties are married to one another by way of a marriage contract.

 Peregrine wrote:

No you haven't. You haven't said anything about the difficulty of asset division, you've just claimed that they're different in ways that aren't relevant to asset division.


Is that so?

 dogma wrote:

What sort of business?

Either way, even unincorporated businesses with multiple owners exist under a contract specifying percentage of ownership and liability. In a polygamous of polygynous marriage the core spouse is bound to each of his/her spouses under separate contracts, as such one would required to separate the assets of the core spouse from those the spouses not being divorced in order to determine the division of assets. Good luck with that.


Your response:

 Peregrine wrote:

That's something for the lawyers to figure out. The fact that I'm not a lawyer and don't have a system for asset division prepared does not mean that such a system would be impossible to create. It's only a barrier to allowing marriage between more than two people if you ignore the fact that our legal system is perfectly capable of handling similar situations in the business world, and could very easily come up with new laws to handle the more complex financial relationships between 3+ people.


My response seems quite relevant to the distinction between marriage law and, for lack of a better term, business law when it comes to asset division.

It is also worth noting that businesses, whether incorporated or not, to some degree exist independently of their owners. The same is not true of marriages.

 Peregrine wrote:

No it isn't clear, and the fact that a lot of people misuse the term "polygamy" doesn't mean that your misuse is correct.


I never said that it was correct, I said that it was clear given vernacular, US English.

 Peregrine wrote:

I already addressed that. A marries B, and that's a marriage contract. A later wishes to marry C as well, so the first marriage contract ends, assets are divided (at least on paper), etc. A, B and C then sign a new marriage contract where A is married to B and C.


Again, that's forcing someone into a polyamorous marriage.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 05:32:06


Post by: Peregrine


 dogma wrote:
Very well, I will specify. By "polyamorous marriage" I mean a marriage in which all parties are married to one another by way of a marriage contract.


Or you could just call it what it is, a group marriage, instead of inventing your own term for it that doesn't even make any sense.

My response seems quite relevant to the distinction between marriage law and, for lack of a better term, business law when it comes to asset division.


Yes, but you're only talking about current marriage law. Nobody is disputing the fact that marriages with more than two people wouldn't work very well under current law. The point you keep missing is that the asset division problem is not difficult to solve if/when society decides to allow polygamy. Our legal system is able to handle complex business arrangements with shared assets, and you have yet to provide any convincing arguments for marriage assets being so much more complicated that the problem can't be solved.

Again, that's forcing someone into a polyamorous marriage.


Well, given that "polyamorous marriage" is a term that you invented and means whatever you feel like, I can't really dispute this claim.

Now, if you want to replace that with "that's forcing someone into a group marriage" then no, it isn't. Having a single marriage contract that says "A is married to B and A is married to C" does not mean that B and C have any relationship beyond being married to the same person. It's exactly the same arrangement as A having two separate marriage contracts for their marriages to B and C, except that it can be ended/modified/whatever all at once instead of requiring separate changes to each contract.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 06:27:17


Post by: dogma


 Peregrine wrote:

Or you could just call it what it is, a group marriage, instead of inventing your own term for it that doesn't even make any sense.


I didn't invent the term "polyamorous marriage", I am far too young to have done so. Moreover, I have clarified my meaning with respect to that term.

 Peregrine wrote:

Yes, but you're only talking about current marriage law.


That's because I am pragmatic.

 Peregrine wrote:

...and you have yet to provide any convincing arguments for marriage assets being so much more complicated that the problem can't be solved.


Ok, we'll try this: Would you like to see marriages turned into businesses, incorporated or otherwise?

 Peregrine wrote:

Now, if you want to replace that with "that's forcing someone into a group marriage" then no, it isn't. Having a single marriage contract that says "A is married to B and A is married to C" does not mean that B and C have any relationship beyond being married to the same person. It's exactly the same arrangement as A having two separate marriage contracts for their marriages to B and C, except that it can be ended/modified/whatever all at once instead of requiring separate changes to each contract.


No, it isn't. You need to buff up on your contract law, this isn't like factorization.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 06:38:31


Post by: Peregrine


 dogma wrote:
Moreover, I have clarified my meaning with respect to that term.


You've clarified your meaning, but that's like saying you've clarified your meaning about "dry water". It's still a nonsense term, and an unnecessary one when a term already exists to describe what you're talking about: group marriage. So I really have no idea why you're so stubborn about defending this idea.

Ok, we'll try this: Would you like to see marriages turned into businesses, incorporated or otherwise?


No, but what does that have to do with anything? The fact that our legal system is able to handle complex asset ownership and division in a business context means that it should be able to come up with a system to handle complex asset ownership and division in a marriage context. It doesn't in any way mean that marriages are or have to become businesses, so why do you keep talking about it like that?

No, it isn't. You need to buff up on your contract law, this isn't like factorization.


Sigh. Once again I'm talking about a hypothetical marriage law created to handle marriages with more than two people, not any current law. So saying "it doesn't work like that" really doesn't make any sense.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 13:43:10


Post by: easysauce


yeah, pergrine is right on this one...

at one point, gay marriage was hypothetical, and the laws had to change to accommodate it. That this might confuse people, shouldn't, and didnt, stop it. Let the people who have to sign the marriage papers worry about signing the marriage papers

Plenty of people made up the exact same silly excuses for why it cant/shouldn't/wont work as a legal thing for gay people to get married, so those excuses dont hold water when you try to argue why polygamy should remain outside of legality.







US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/01/24 16:41:17


Post by: dogma


 Peregrine wrote:

You've clarified your meaning, but that's like saying you've clarified your meaning about "dry water". It's still a nonsense term, and an unnecessary one when a term already exists to describe what you're talking about: group marriage. So I really have no idea why you're so stubborn about defending this idea.


Terms are not equivalent to ideas.

The analogy you drew requires marriages to be equivalent to certain sorts of business agreements, and they are not.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/09 21:31:38


Post by: whembly


w00t!

Keep 'em coming!

<---impatiently waiting for SC to make their ruling and put this to bed.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 14:58:47


Post by: skyth


The same way Roe vs Wade put the abortion issue to bed?

I'm thinking that even if the SC puts gay marriage as a Constitutional right, conservative extremists will try to create laws to do an end-run around the ruling.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:03:10


Post by: whembly


 skyth wrote:
The same way Roe vs Wade put the abortion issue to bed?

Kinda... although, I could see some future SC overturning that.

I'm thinking that even if the SC puts gay marriage as a Constitutional right, conservative extremists will try to create laws to do an end-run around the ruling.

Nah... they'd be relegated to minority in quick fashion.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:14:32


Post by: Ouze


 whembly wrote:
 skyth wrote:
The same way Roe vs Wade put the abortion issue to bed?

Kinda... although, I could see some future SC overturning that.

I'm thinking that even if the SC puts gay marriage as a Constitutional right, conservative extremists will try to create laws to do an end-run around the ruling.

Nah... they'd be relegated to minority in quick fashion.


Why do you think it will be different?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:15:33


Post by: whembly


 Ouze wrote:
 whembly wrote:
 skyth wrote:
The same way Roe vs Wade put the abortion issue to bed?

Kinda... although, I could see some future SC overturning that.

I'm thinking that even if the SC puts gay marriage as a Constitutional right, conservative extremists will try to create laws to do an end-run around the ruling.

Nah... they'd be relegated to minority in quick fashion.


Why do you think it will be different?

Different than the abortion issue? Is that what you're asking?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:18:53


Post by: skyth


The problem is that districts are so gerrymanded that it will be a conservative that wins districts and extremists tend to vote in primaries rather than moderates...I don't see that happening. 'Gays are bad people' is a nice wedge issue that the extremists feed off of...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:20:45


Post by: whembly


 skyth wrote:
The problem is that districts are so gerrymanded that it will be a conservative that wins districts and extremists tend to vote in primaries rather than moderates...I don't see that happening. 'Gays are bad people' is a nice wedge issue that the extremists feed off of...

meh... I seriously doubt that.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 15:30:52


Post by: Co'tor Shas


Maybe not this particular issue (as it seems to hurt them more than help them), but gerrymandered districts do create more extreme candidates..


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 16:58:27


Post by: d-usa


We already have stupid politicians preaching about how state law always trumps federal law and that federal judges have no legal authority to tell states what to do.

And then you have the idiots in my state who are already proposing laws that say that anybody who complies with any court ruling will be fired on the spot and has their pension taken away and any state judge that even tries to hear a challenge to the new law will also be fired on the spot.

This will not be over for at least a decade, but the extreme right on that issue will look dumber and dumber for it.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 17:59:30


Post by: Frazzled


 d-usa wrote:
We already have stupid politicians preaching about how state law always trumps federal law and that federal judges have no legal authority to tell states what to do.

Its only stupid in the areas that the feds trump the state in. The Fed has to have an enumerated power before it can do something.


And then you have the idiots in my state who are already proposing laws that say that anybody who complies with any court ruling will be fired on the spot and has their pension taken away and any state judge that even tries to hear a challenge to the new law will also be fired on the spot.

This will not be over for at least a decade, but the extreme right on that issue will look dumber and dumber for it.

Why is that stupid? They are just providing an entertainment service for the rest of us. Get some nice buttered popcorn, pop on the TV and enjoy the antics.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 18:19:31


Post by: skyth


 Co'tor Shas wrote:
Maybe not this particular issue (as it seems to hurt them more than help them), but gerrymandered districts do create more extreme candidates..


It only hurts them in the general election. Primaries they are more likely to get the nomination if they are rabidly anti-gay.

If an area is gerrymanded to always elect a Republican...Being Rabidly anti-gay will only help them.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 18:34:37


Post by: Co'tor Shas


 Frazzled wrote:
 d-usa wrote:
We already have stupid politicians preaching about how state law always trumps federal law and that federal judges have no legal authority to tell states what to do.

Its only stupid in the areas that the feds trump the state in. The Fed has to have an enumerated power before it can do something.



I'm going to have to disagree with you here. Federal law does supersede state law.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 18:39:20


Post by: Frazzled


 Co'tor Shas wrote:
 Frazzled wrote:
 d-usa wrote:
We already have stupid politicians preaching about how state law always trumps federal law and that federal judges have no legal authority to tell states what to do.

Its only stupid in the areas that the feds trump the state in. The Fed has to have an enumerated power before it can do something.



I'm going to have to disagree with you here. Federal law does supersede state law.

Only if its constitutional. To be constitutional it must arise from a grant of power under th Constitution.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 18:44:10


Post by: Co'tor Shas


 Frazzled wrote:
 Co'tor Shas wrote:
 Frazzled wrote:
 d-usa wrote:
We already have stupid politicians preaching about how state law always trumps federal law and that federal judges have no legal authority to tell states what to do.

Its only stupid in the areas that the feds trump the state in. The Fed has to have an enumerated power before it can do something.



I'm going to have to disagree with you here. Federal law does supersede state law.

Only if its constitutional. To be constitutional it must arise from a grant of power under the Constitution.

And the ability to create and enforce laws is in the constitution, no?


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:02:15


Post by: Frazzled


Only laws perquisite to specific grants of power. Everything else is reserved for the state, or limited in toto under the Bill or RIghts or other Amendments.

For example, under the Constitution the states have the power to regulate alcohol in their state which trumps US law. And baby I'll drink to that!


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:03:50


Post by: Co'tor Shas


Well that's a different matter entirely. That's the limited powers of the fed, while I'm arguing supremacy.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:11:36


Post by: Frazzled


 Co'tor Shas wrote:
Well that's a different matter entirely. That's the limited powers of the fed, while I'm arguing supremacy.


I think we're in agreement. If the Fed is legally able to make a constitutional law, that law trumps state law (although state law can still be more conservative, depending).


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:14:58


Post by: Co'tor Shas


 Frazzled wrote:
 Co'tor Shas wrote:
Well that's a different matter entirely. That's the limited powers of the fed, while I'm arguing supremacy.


I think we're in agreement. If the Fed is legally able to make a constitutional law, that law trumps state law (although state law can still be more conservative, depending).

Yep, arguing about different things .


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:18:22


Post by: Frazzled


Truly this is a day of days. Two people agree on something in the Dakka OT.

Time to get drunk.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:26:54


Post by: Ouze


Once again, Alabama is on the forefront of being horrible.

source

Posted on Feb 10, 2015 in Social Justice and Equality | 81 comments

Despite a federal judge’s order bringing Alabama into the fold of marriage equality states, dozens of probate judges in Alabama on Monday refused to issue licenses to same-sex couples, according to the New York Times. Alabama recently became the 37th state in the union to become a marriage equality state (in this case by court order)–but the first where judges in most counties are defying that order. This sets up a rare legal showdown between state officials and federal ones, echoing the tumultuous and often violent struggle to desegregate institutions in that state and others in the South during the 1960s.

Ten same-sex couples, who were hoping to be married that morning instead found the courts closed. “We’re disgusted with it, but we’re dealing with it,” declared Jim Strawser, 51, who with his fiancé, John Humphrey, successfully mounted the legal challenge to Alabama’s ban on same-sex marriage.

The Washington Post reports that “in the majority of counties, officials said they would refuse to license same-sex marriages or stop providing licenses altogether, confronting couples — gay and heterosexual — with locked doors and shuttered windows.” Many took the position that they would rather issue no licenses than permit same-sex couples that same right. “Many of the state’s 68 probate judges mounted their resistance to the federal decision at the urging of the firebrand chief justice of the Alabama Supreme Court, Roy Moore,” according to the Post. The Alabama Chief Justice isn’t a stranger to controversy, or to flouting direct orders from the court. A decade ago, he refused to remove a monument to the Ten Commandments from the Alabama State Supreme Court’s offices, despite it being ruled a clear violation of the separation of church and state.
In the 1960s, Alabama’s civic leaders similarly defied federal orders to desegregate their school systems, resulting in a showdown which they ultimately lost. “History is repeating itself,” said Christine Hernandez, one of the plaintiffs for the same-sex couples.

The U.S. Supreme Court is set to hear arguments later this spring where the question of marriage equality is likely to be decided once and for all. The decision by the justices to require marriage licenses to issue in Alabama was seen by many as an early indication of how the court was leaning, according to Slate.com. “Typically, the justices will stay any federal court ruling whose merits are currently under consideration by the Supreme Court,” wrote Mark Joseph Stern for Slate. “Under normal circumstances, that is precisely what the court would have done here: The justices will rule on the constitutionality of state-level marriage bans this summer, so they might as well put any federal court rulings on hold until they’ve had a chance to say the last word.”

“But that is not what the court did here,” Stern noted. “Instead, seven justices agreed, without comment, that the district court’s ruling could go into effect, allowing thousands of gay couples in Alabama to wed.” Stern also pointed out that only two justices–Antonin Scalia and Clarence Thomas–dissented from the ruling. Normally, their conservative allies in the court, Chief Justice John Roberts and Justice Samuel Alito, join them in such rulings. Their refusal to do so this time may be quite telling.
In the end, Alabama officials will have little choice but to relent. How far they will push their defiance, and whether any will be stripped of their judicial posts as a result, remains to be seen.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:31:48


Post by: Frazzled


Like Texas Alabama has a battleship. Unlike Texas I almost fell off Alabama's battleship...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:38:32


Post by: d-usa


Surely the conservatives in Alabama will speak out strongly against these activist judges...


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:46:06


Post by: Frazzled


 d-usa wrote:
Surely the conservatives in Alabama will speak out strongly against these activist judges...






US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 19:53:06


Post by: whembly


 d-usa wrote:
Surely the conservatives in Alabama will speak out strongly against these activist judges...

Heh... touche.

Hence why I'd want the SC to bitchslap the plantiffs here in 9-0 ruling.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 20:50:13


Post by: Kilkrazy


 Frazzled wrote:
Only laws perquisite to specific grants of power. Everything else is reserved for the state, or limited in toto under the Bill or RIghts or other Amendments.

For example, under the Constitution the states have the power to regulate alcohol in their state which trumps US law. And baby I'll drink to that!


Unless you live in a dry county, of course.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 20:53:15


Post by: WrentheFaceless


Itll most likely be 7-2

With No Fun Allowed Scalia and Thomas the 2


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 20:55:06


Post by: Ensis Ferrae


 skyth wrote:

I'm thinking that even if the SC puts gay marriage as a Constitutional right, conservative extremists will try to create laws to do an end-run around the ruling.



I think that if they did, those laws would be about as effective as the Volstead Act


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 21:09:29


Post by: Frazzled


 Kilkrazy wrote:
 Frazzled wrote:
Only laws perquisite to specific grants of power. Everything else is reserved for the state, or limited in toto under the Bill or RIghts or other Amendments.

For example, under the Constitution the states have the power to regulate alcohol in their state which trumps US law. And baby I'll drink to that!


Unless you live in a dry county, of course.


Wo wo wo thats just crazy talk. The Frazzled does not abide a dry county.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 21:12:47


Post by: Peregrine


 Ensis Ferrae wrote:
I think that if they did, those laws would be about as effective as the Volstead Act


They don't need to be effective laws, they just need to exist. Anyone smart enough to get elected to a major office can see that the trend here is inevitable. Nationwide gay marriage is going to happen, and every state law banning it that has been challenged in court recently has been struck down. Passing new laws and defending them in court is a clear waste of money (ironic given how many of the people supporting the laws are supposed fiscal conservatives) that will accomplish absolutely nothing in the long run. However, what it does is send a clear message to the religious extremists that they hate the same people that Jesus hates and ensure that all those extremists are eager republican voters. So if that's your goal then wasting someone else's money on a futile "we hate gay people" law to get more votes for your "tax the poor to help the rich" policies is a pretty good deal.


US Supreme Ct to decide Gay Marriage is a Constitutional right @ 2015/02/10 21:30:18


Post by: Kilkrazy


Given that the stand against gay marriage is principally religiously motivated it cannot help but fail in a secular legal system.