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Thread: Bush v. Gore lawyers take on gay marriage ban

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Alex View Post
    This doesnt show that the two issues are interchangeable, this is you arguing that they eill be found interchangeable on the baisis that they are interchangeable.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Alex View Post
    Is marriage a contract between people and society? Is it a contract between people and the government?

    It is a contract between the people involved and no one else. The people involved are not making any commitments to the government or society, they make commitments to each other.
    Marriage is a social contract where you ask for others to recognize something that could easily be kept private if so chosen.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Goobieman View Post
    This doesnt show that the two issues are interchangeable, this is you arguing that they eill be found interchangeable on the baisis that they are interchangeable.
    It is on the basis of different cases that are similar being interchangeable when dealing with precedent.

    For example:Lawrence v. Texas was an issue of homosexual privacy, a primary case that was used to come to the conclusion that it is was Planned Parenthood of Southeastern Pa. v. Casey (abortion privacy). Homosexual privacy and abortion privacy are not apple and apples yet the Court used Casey to establish a right to homosexuals.

    Similar cases are fair game to use in other cases. That has always been.
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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by ARealConservative View Post
    Marriage is a social contract where you ask for others to recognize something that could easily be kept private if so chosen.
    Contracts are promises made between parties. What promises are people making to society when entering a marriage contract?
    "Republicans believe every day is the Fourth of July, but the Democrats believe every day is April 15." -Ronald Reagan

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Alex View Post
    It is on the basis of different cases that are similar being interchangeable when dealing with precedent.
    Yes... and you have not shown how race and sexual orientation are similar in this regard - that is, how sexual orientation holds a position similar to race and gender, when determining if a given class of persons is beng unlawfully discriminated against.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Goobieman View Post
    Yes... and you have not shown how race and sexual orientation are similar in this regard - that is, how sexual orientation holds a position similar to race and gender, when determining if a given class of persons is beng unlawfully discriminated against.
    Argument 1: Gays can marry people of different genders the same as heterosexuals.

    Argument used in Loving v. Virginia:
    White can marry white the same as blacks can marry blacks.

    The arguments are similar so Loving can be used to counter the first argument. Gays are being removed from the legal institution of marriage when the law says they can only marry people of opposite gender. The essence of being homosexual is the fact that people seek companionships from people of the same gender. That is discrimination against a class of people because the law does not allow homosexual people to seek legal marriage as it allows heterosexuals.
    "Republicans believe every day is the Fourth of July, but the Democrats believe every day is April 15." -Ronald Reagan

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by ARealConservative View Post
    Marriage, by definition, is a social institution, hence not truly private.

    If two people want to live their life in privacy, they should not seek out a marriage license, which is a public record.
    Something being public record has absolutely nothing to do with whether it should be legal or not. Marriage licenses were of public record before and after blacks were allowed to marry whites. The fact that it's a public record changed nothing when it came to legalizing interracial marriage. It is still a private contract between the individuals involved. Not the individuals and the public.
    Last edited by Hatuey; 05-28-09 at 05:20 PM.
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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Alex View Post
    Contracts are promises made between parties. What promises are people making to society when entering a marriage contract?
    The promise to enter into a relationship that the state deems advantageous to the state.


    a marriage license is a secular contract between the parties and the State. The State is the principal party in that contract. Since the state is the principal party to the contract, how exactly is it private?

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by Hatuey View Post
    Something being public record has absolutely nothing to do with whether it should be legal or not. Marriage licenses were of public record before and after blacks were allowed to marry whites. The fact that it's a public record changed nothing when it came to legalizing interracial marriage. It is still a private contract between the individuals involved. Not the individuals and the public.
    the state is the principal party in the contract.

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    Re: Bush v. Gore lawyers take on gay marriage ban

    Quote Originally Posted by ARealConservative View Post
    The promise to enter into a relationship that the state deems advantageous to the state.


    a marriage license is a secular contract between the parties and the State. The State is the principal party in that contract. Since the state is the principal party to the contract, how exactly is it private?
    I am not aware of any marriage contract containing a promise that the parties involved will be deemed advantageous to the state. The promises made are between the individuals involved, not the state, so the principle parties are individuals.
    "Republicans believe every day is the Fourth of July, but the Democrats believe every day is April 15." -Ronald Reagan

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