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After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overturn

Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

You do realize that once DOMA is repealed or ruled unconstitutional that your state and all those other states will have to recognize same sex marriages performed in other states as marriages, no matter what your state constitution says, right? And DOMA will eventually go away, probably within the next 10, maybe 15 years, but most likely sooner.

That would infringe upon State's rights though and be an unconstitutional act in and of itself. As long as marriage licenses are issued by the state, then the state gets to define what is marriage and what isn't. The federal government doesn't have the right to overturn state constitutions and force liberal morality upon an entire state because they feel like it.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

That would infringe upon State's rights though and be an unconstitutional act in and of itself. As long as marriage licenses are issued by the state, then the state gets to define what is marriage and what isn't. The federal government doesn't have the right to overturn state constitutions and force liberal morality upon an entire state because they feel like it.

Ok so let me get this straight. You don't want people to "Force Liberal Morality" on you... but you're quite happy forcing Conservative Morality on others... I'm sorry Dig, but that simply doesn't make sense... it's what they call a "Contradiction"
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Ok so let me get this straight. You don't want people to "Force Liberal Morality" on you... but you're quite happy forcing Conservative Morality on others... I'm sorry Dig, but that simply doesn't make sense... it's what they call a "Contradiction"
Yep. If liberal morality was the majority in my state, and they voted to define marriage as a union between two people of any gender then I would have to be fine with it. However, if the government took my state's right away to define marriage and forced them to repeal their definition then that would be wrong. I support the state's rights to define marriage. Would it not be a contradiction the other way around? For socially liberal people to force their definition of marriage upon social conservatives? Please read my illustration about if I was Canadian.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

That would infringe upon State's rights though and be an unconstitutional act in and of itself. As long as marriage licenses are issued by the state, then the state gets to define what is marriage and what isn't. The federal government doesn't have the right to overturn state constitutions and force liberal morality upon an entire state because they feel like it.

Read the 14th Amendment, specifically the Full Faith and Credit Clause. It says that states must recognize the contracts entered into by American citizens in other states. It is why, although there are many states that do not allow first cousins to marry in those states, if first cousins married in other states, the marriage still must be legally recognized in those states where they couldn't get married. The Full Faith and Credit Clause must be applied to same sex marriages, even if they are against the constitutions of some states.

Also, the SCOTUS has already overturned states' amendments before, specifically pertaining to marriage. Interracial marriages were actually unconstitutional in some states before and even after Loving v. Virginia decision. In fact, Alabama didn't change that particular part of their state constitution until 2002, yet they had to recognize interracial marriages.
 
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Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

We did vote and in my state the constitution clearly defines marriage as a union between one man and one woman. The majority of the nation has banned same sex marriage at the state level by amending their state constitutions. It is purely in line with the Constitution of the United States and none have been shot down by the Supreme Court. It isn't unconstitutional to ban same sex marriage, and it's completely legal to enact laws because religious individuals voted to uphold/create them. We aren't some atheist form of theocracy (I understand atheism isn't a faith, I use the term theocracy loosely) that bans all laws because religious people have voted on them. The Supreme Court can't overturn these bans because the are constitutional. The states have rights and so do the voters.

Yes, and the Constitution gives the people and states the right to vote and make policy. As far as I see it, homosexuals aren't being segregated or denied rights that I don't have. Their union just isn't being recognized as marriage because by definition it isn't marriage. The Constitution doesn't support setting up an anti-religious moral system that in a totalitarian fashion forces secular morals and definitions upon the majority. Again, banning same sex marriage is not unconstitutional, many states have done it and none have been overturned in court.

Oh it most certainly is unconstitutional. It just hasn't been challenged properly yet. There is already precedent that the State may not impose separate penalties based on society's moral disapproval (that was a case won against the state of Iowa at the SCotUS level) and citizens of other states that do accept gay marriage will continually challenge DOMA and other fallacious attempts to limit individuals' rights to move freely between states without having their most important civil contracts dissolved. Further, the full faith and credit clause comes into question and the 14th Amendment will continue to be a thorn in the side of religious zealots trying to enforce their moral code through the State. You can vote on it until you all drown in the pile of worthless ballots but the challenges will just keep coming until you wear yourselves out or your religious fervor for this issue dies when you find some new cause to crusade against.

Christianity is fading. In your lifetime you will see it die a slow death as more and more people recognize that they don't need your churches or your corrupt preachers to have spiritual faith. The more your type attempts to limit liberties with one hand while condoning the very sins against your sacraments that you pretend to be protecting with the other, the more you will garner support for your opposition.

And there is one final card to play in this game: there is always the play to remove the state from marriage altogether, nullifying of yours what you attempt to horde from us. If it comes to that, I don't doubt for one minute that the fight will move in that direction. The more you tell someone they can't have something, the more you make them want it and fight for it.
 
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Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Ok so let me get this straight. You don't want people to "Force Liberal Morality" on you... but you're quite happy forcing Conservative Morality on others... I'm sorry Dig, but that simply doesn't make sense... it's what they call a "Contradiction"

And he would only be able to cry foul about a morality being forced on him if someone were advocating for him to have to get gay married. If someone were actually advocating that homos go into his churches and strong arm ministers to marry them and give them the sacrament of marriage religiously, then he could cry and moan about it. And you know what? I would come down in his defense.


But no one is advocating that. No one is taking from him or forcing him to do anything. But he certainly doesn't mind taking from others to suit his outdated religious sensibilities.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Yep. If liberal morality was the majority in my state, and they voted to define marriage as a union between two people of any gender then I would have to be fine with it. However, if the government took my state's right away to define marriage and forced them to repeal their definition then that would be wrong. I support the state's rights to define marriage. Would it not be a contradiction the other way around? For socially liberal people to force their definition of marriage upon social conservatives? Please read my illustration about if I was Canadian.

Nothing is being forced upon you... and by your own logic... what would you say if the Nation held a referendum on Gay Marriage and approved it over the states... what would you do then?
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

However, if the government took my state's right away to define marriage and forced them to repeal their definition then that would be wrong.

So it was wrong, by your definition, for the SCOTUS to take the states' right away to define marriage between a man and woman of the same race and repeal their definition? The people of those states specifically voted to make marriage between a man and a woman of the same race.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Yep. If liberal morality was the majority in my state, and they voted to define marriage as a union between two people of any gender then I would have to be fine with it. However, if the government took my state's right away to define marriage and forced them to repeal their definition then that would be wrong. I support the state's rights to define marriage. Would it not be a contradiction the other way around? For socially liberal people to force their definition of marriage upon social conservatives? Please read my illustration about if I was Canadian.

Aren't you forcing your view on the minority? What's your just cause? What all can we force on you?

Face it, no one is forcing anything on you. You are still free to marry. It is you and those who believe as you do who are forcing your views on others.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

That would infringe upon State's rights though and be an unconstitutional act in and of itself. As long as marriage licenses are issued by the state, then the state gets to define what is marriage and what isn't. The federal government doesn't have the right to overturn state constitutions and force liberal morality upon an entire state because they feel like it.

Sure they do, when State laws run afoul of the US Constitution. Its called the "Supremacy Clause".
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Aren't you forcing your view on the minority? What's your just cause? What all can we force on you?

Face it, no one is forcing anything on you. You are still free to marry. It is you and those who believe as you do who are forcing your views on others.

Absolutely....and once again, people using "religion" to attempt to "justify" their bigotry.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Oh it most certainly is unconstitutional. It just hasn't been challenged properly yet. There is already precedent that the State may not impose separate penalties based on society's moral disapproval (that was a case won against the state of Iowa at the SCotUS level) and citizens of other states that do accept gay marriage will continually challenge DOMA and other fallacious attempts to limit individuals' rights to move freely between states without having their most important civil contracts dissolved. Further, the full faith and credit clause comes into question and the 14th Amendment will continue to be a thorn in the side of religious zealots trying to enforce their moral code through the State. You can vote on it until you all drown in the pile of worthless ballots but the challenges will just keep coming until you wear yourselves out or your religious fervor for this issue dies when you find some new cause to crusade against.

It is not unconstitutional and fits perfectly in line with our laws and founding documents. No where in the constitution does it say homosexuals must have the right to marriage. These laws and propositions of defining marriage have been challenged pretty much every time they were pushed, and they were never stopped or ruled unconstitutional. People can challenge DOMA, but realize it passed with overwhelming support and is completely constitutional. A state has the right to extend a civil contract, and others have the right to dissolve them. Please stop with your flame bait language referring to those against the homosexual agenda as "religious zealots." The fact is that it's perfectly legal to define marriage as it is a social institution upheld at the state level. The federal government has defined marriage as a union between man and woman, but they also give the states their rights to define marriage and issue the marriage licenses. The fact is that a homosexual union does not fit the definition of marriage, and this it should not be recognized as such a union. They can call it a civil union or whatever, but it isn't marriage.
Christianity is fading. In your lifetime you will see it die a slow death as more and more people recognize that they don't need your churches or your corrupt preachers to have spiritual faith. The more your type attempts to limit liberties with one hand while condoning the very sins against your sacraments that you pretend to be protecting with the other, the more you will garner support for your opposition.
Christianity is fading in this country, that doesn't mean we can't see a revival or growth. Although, the fading of Christianity is perfectly in line with what the Bible says. It says as the end times approach, the world will begin to go into a depraved and warped sense of wicked morality, and that the righteous will become few in number and persecuted. I have nothing further to say about your offensive and completely irrelevant comments regarding Christianity and my faith.
And there is one final card to play in this game: there is always the play to remove the state from marriage altogether, nullifying of yours what you attempt to horde from us. If it comes to that, I don't doubt for one minute that the fight will move in that direction. The more you tell someone they can't have something, the more you make them want it and fight for it.
Great, so through dishonesty and rage they will force homosexuality to be recognized as marriage, or deny everyone's rights to have marriage as a legal contract :roll: That is true bigotry.

Absolutely....and once again, people using "religion" to attempt to "justify" their bigotry.

And one again, people using "inclusive definitions" to attempt to "justify" their bigotry.
 
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Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

And again...no one really gives a **** what you and your kind define marriage as. We only care how the law treats people. You can define it as the sour mess you people have treated it as all along with your 50% divorce rates, your Brittney Spears 24 hour marriages "just for fun" and your high infidelity rates. No one gives a flying rat's ass if you do that and if heteros continue to treat it with shame and disrespect. However, when you try to enforce that definition through rule of law on others who don't share your views, then we have a problem.

So Catholics believe that marriage is a union between a man and a woman with limited recourse for divorce. Do you find it so bigoted that they are forced to accept the no fault divorce that comes along with marriage now? Somehow I think not.

So no gays will ever use a drive-though chapel is what you're arguing? No gay youth celeb will ever marry and have his life fall apart?

I thought you said gays were just like everyone else?
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Aren't you forcing your view on the minority? What's your just cause? What all can we force on you?

Face it, no one is forcing anything on you. You are still free to marry. It is you and those who believe as you do who are forcing your views on others.

Pro-gm is not forcing anything on anti-gm....wait didn't someone just force a stereotype of Britney Spears and drive-through chapels on conservative Christians (who, by the way, are not the people using said drive-through chapels, etc)?
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

And one again, people using "inclusive definitions" to attempt to "justify" their bigotry.

This comment makes ZERO sense. How is being inclusive and believing that rights and privileges extended to one group should be extended to all = to Bigotry?
It is the opposite of Bigotry.

Bigotry is believing that only certain groups should be entitled to rights/privileges because they are somehow more deserving than other groups.

Now...lets apply this to the current situation: I believe that the right/privilege to marry should be extended to everyone regardless of race,gender, sexual orientation.
You believe that only certain people should be extended that privilege.

I think it is pretty clear where the bigotry lies.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Pro-gm is not forcing anything on anti-gm....wait didn't someone just force a stereotype of Britney Spears and drive-through chapels on conservative Christians (who, by the way, are not the people using said drive-through chapels, etc)?

I think this is fuuny. I read it as supporting my position. Good man.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

This comment makes ZERO sense. How is being inclusive and believing that rights and privileges extended to one group should be extended to all = to Bigotry?
It is the opposite of Bigotry.

Bigotry is believing that only certain groups should be entitled to rights/privileges because they are somehow more deserving than other groups.

Now...lets apply this to the current situation: I believe that the right/privilege to marry should be extended to everyone regardless of race,gender, sexual orientation.
You believe that only certain people should be extended that privilege.

I think it is pretty clear where the bigotry lies.

IMO "marriage" should be extended to any child rearing couple regardless, to even include incest, and should not be extended to non child rearing couples. The right is not denied to anyone who qualifies, nor is it given to anyone who the right does not apply.

If that makes me a bigot in your book, I'm ok with that.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

We did vote and in my state the constitution clearly defines marriage as a union between one man and one woman. The majority of the nation has banned same sex marriage at the state level by amending their state constitutions. It is purely in line with the Constitution of the United States and none have been shot down by the Supreme Court. It isn't unconstitutional to ban same sex marriage, and it's completely legal to enact laws because religious individuals voted to uphold/create them. We aren't some atheist form of theocracy (I understand atheism isn't a faith, I use the term theocracy loosely) that bans all laws because religious people have voted on them. The Supreme Court can't overturn these bans because the are constitutional. The states have rights and so do the voters.

Yes, and the Constitution gives the people and states the right to vote and make policy. As far as I see it, homosexuals aren't being segregated or denied rights that I don't have. Their union just isn't being recognized as marriage because by definition it isn't marriage. The Constitution doesn't support setting up an anti-religious moral system that in a totalitarian fashion forces secular morals and definitions upon the majority. Again, banning same sex marriage is not unconstitutional, many states have done it and none have been overturned in court.

What a foolish argument. It hasn't been overturned because it hasn't made it to the Supreme Court. You're accurate, but it adds as much to the debate as stating the sky is blue.

The debate is will it meet 14th Amendment Equal Protection clauses. 4 of the 5 states where it HAS been challenged, their state Supreme Courts stated that it fails to meet their own Equal Protection clauses. And remember, as we learned in Romer v. Evans - discriminatory amendments to State Constitutions can and have been overturned.

God knows what the current Court will do (although Kennedy has voted for gay rights causes more than against them by a 3 to 1 margin); but where it has been taken to Court, most Courts find that it doesn't hold up under Equal Protection.

And you can claim it all you like, but you ARE denying rights to others that you possess. You may enter into a legal contract with the person you love and the government will in turn grant you benefits including inheritance and protection of government benefits, visitation, power of attorney, and tax benefits. If there weren't any benefits, whey were people bitching about and overturning the "marriage penalty" a few years back?

And specifically, the California voters didn't only restrict the rights of other citizens with their vote, they actually took the right away from people who had it - even worse in my opinion. So I lose no sleep when I say that the California voters who voted to strip people of their rights are selfish, arrogant, hateful people. They should be chastised. They looked someone in the eye and said: You were once equal, but I'm going to turn you into a 2nd Class Citizen. As of today, you mean nothing to me nor to the state and you are a lesser human being than myself.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

IMO "marriage" should be extended to any child rearing couple regardless, to even include incest, and should not be extended to non child rearing couples. The right is not denied to anyone who qualifies, nor is it given to anyone who the right does not apply.

If that makes me a bigot in your book, I'm ok with that.

Jerry and I have had this discussion and I'm okay with his views. He simply states that no benefits should be extended to any couples until they have children and the tax benefits should only be extended to couples upon having children.

And if I'm right, this includes same-sex couples, correct, Jerry?

I see no bigotry in his MO. Now, my only concern with this is up until that point to vote against gay marriage is a little discriminatory, in my book - because you're settling for inequality under the status quo before your equalizing solution occurs.

But your philosophy isn't bigoted at all.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

IMO "marriage" should be extended to any child rearing couple regardless, to even include incest, and should not be extended to non child rearing couples. The right is not denied to anyone who qualifies, nor is it given to anyone who the right does not apply.

If that makes me a bigot in your book, I'm ok with that.

Actually, Jerry, you are consistent in your view and your view does not use race,ethnicity or sexual orientation to determine who you feel is entitled to the privilege to marry. While I disagree with your belief that marriage should only be extended to child-rearing couples, your argument at least has some basis in rationality unlike those who believe that marriage should be restrict to heterosexuals or Christian couples.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

IMO "marriage" should be extended to any child rearing couple regardless, to even include incest, and should not be extended to non child rearing couples. The right is not denied to anyone who qualifies, nor is it given to anyone who the right does not apply.

If that makes me a bigot in your book, I'm ok with that.

Although I don't agree with you, at least you have a non-discriminatory stance.

I don't see this actually working out well, just because there are a lot of opposite couples who have no desire to raise kids or can't raise kids, who might object to same sex marriage, but certainly don't want to lose their own marriage status. I think there are a lot of anti-gm people out there, that if it came down to a choice between recognition for gay marriage or possibly losing recognition for their own marriages (or potential to get married), then they would go ahead and allow same sex marriage.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

It is not unconstitutional and fits perfectly in line with our laws and founding documents. No where in the constitution does it say homosexuals must have the right to marriage.

Nowhere in the Constitution does it say heterosexuals have a right to marriage so...hand over that marriage license now, kiddo.

These laws and propositions of defining marriage have been challenged pretty much every time they were pushed, and they were never stopped or ruled unconstitutional.

You are flat our wrong. They were ruled unconstitutional in California, Vermont, and Hawaii.

People can challenge DOMA, but realize it passed with overwhelming support and is completely constitutional.

Realize this: the contention is that it is not constitutional. The constitutionality of it is in question right now else we wouldn't be having this conversation. I don't care how many religious nutjobs supported it: the courts will have the final say.

A state has the right to extend a civil contract, and others have the right to dissolve them. Please stop with your flame bait language referring to those against the homosexual agenda as "religious zealots." The fact is that it's perfectly legal to define marriage as it is a social institution upheld at the state level. The federal government has defined marriage as a union between man and woman, but they also give the states their rights to define marriage and issue the marriage licenses. The fact is that a homosexual union does not fit the definition of marriage, and this it should not be recognized as such a union. They can call it a civil union or whatever, but it isn't marriage.

If you find my apt description of the anti-gay marraige base to be personally insulting, take it up with a mod. I'm tired of hearing your whining about how butthurt you feel about the descriptions of the people you align yourself with. As to the actual substance of the above quote, the state may not extend privileges to a group of people without giving equal access to those institutions which confer those privileges. You keep falling back on an argument that was settled by the SCotUS in Loving v Virginia and Sharp v Perez.

Christianity is fading in this country, that doesn't mean we can't see a revival or growth.

Perish the thought...

Although, the fading of Christianity is perfectly in line with what the Bible says. It says as the end times approach, the world will begin to go into a depraved and warped sense of wicked morality, and that the righteous will become few in number and persecuted. I have nothing further to say about your offensive and completely irrelevant comments regarding Christianity and my faith.

That also sounds like the persecution and separation philosophy of every other dying cult in history.

Great, so through dishonesty and rage they will force homosexuality to be recognized as marriage, or deny everyone's rights to have marriage as a legal contract :roll: That is true bigotry.

First, I think you need to learn what the word bigotry actually means. Secondly, do I detect a little angst at having the same denial of your rights turned back on you that you seem to be perfectly ok with denying me? The irony in that is just thick.



And one again, people using "inclusive definitions" to attempt to "justify" their bigotry.

And once again you cry "boo-hoo you're a bigot because you won't accept my bigotry". :roll:
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

So no gays will ever use a drive-though chapel is what you're arguing? No gay youth celeb will ever marry and have his life fall apart?

I thought you said gays were just like everyone else?

I know one thing: none of that has happened with homosexuals but it already has happened with heterosexuals. :shrug:

I'm not making any arguments based on what we don't know. I am making arguments based on what we do know for sure.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

Nowhere in the Constitution does it say heterosexuals have a right to marriage so...hand over that marriage license now, kiddo.
And no where does it say homosexuals have a right to marriage. It's a social issue, therefore society gets to speak and vote on it as the Constitution would suggest.

You are flat our wrong. They were ruled unconstitutional in California, Vermont, and Hawaii.
Has Prop 8 been ruled unconstitutional? Vermont and Hawaii... I would expect nothing less from those states, of course they would substitute what is lawful for their liberal moral system. It was challenged here in TN too and many other states, and they found it to be constitutional in court.
Realize this: the contention is that it is not constitutional. The constitutionality of it is in question right now else we wouldn't be having this conversation. I don't care how many religious nutjobs supported it: the courts will have the final say.
The courts will have their final say, and those who declare its unconstitutional largely do it to force their morality upon others. I saw no problem before the California elections with any group saying it was unconstitutional to have on the ballot. You deal with things like that before the election, not afterwards when you don't get your way. They lost in the popular election, so now they are turning to plan B, legislating from the bench. Where was the homosexual rights outcry when they thought about putting Prop 8 on the ballot? Everyone thought it would pass in liberal California so there was no objection.
If you find my apt description of the anti-gay marraige base to be personally insulting, take it up with a mod. I'm tired of hearing your whining about how butthurt you feel about the descriptions of the people you align yourself with. As to the actual substance of the above quote, the state may not extend privileges to a group of people without giving equal access to those institutions which confer those privileges. You keep falling back on an argument that was settled by the SCotUS in Loving v Virginia and Sharp v Perez.
I find your description of religious individuals and anti-gay marriage supporters to be bigoted and offensive. All I am asking for is a rational debate free from insults and offensive language. I have great respect for you as an individual and poster, and I feel debates should be rational and insult free. Forgive me if I am whining or act "butthurt," I just want a logical and rational debate. There is another place for users to flame as they please, and it isn't here.
That also sounds like the persecution and separation philosophy of every other dying cult in history.
Christianity isn't a "dying cult." Western nations are becoming increasingly secular, but many other parts of the world are seeing a boom in Christianity (like in Africa).
First, I think you need to learn what the word bigotry actually means. Secondly, do I detect a little angst at having the same denial of your rights turned back on you that you seem to be perfectly ok with denying me? The irony in that is just thick.
Homosexuals don't have the right to exalt their relationship as equal to marriage when the populace has voted and decided that it isn't marriage. I believe they have a right to legal status. but not to call their relationship/union marriage, because it isn't marriage.


And once again you cry "boo-hoo you're a bigot because you won't accept my bigotry". :roll:
[/quote]
No, I'm merely exposing the hypocrisy. The ones interjecting bigotry are those who want to blanket every anti-gm supporter as a bigot and close their eyes to their own bigotry through forcing their definition of marriage on others.
 
Re: After Final Arguments in Prop. 8 Trial, Maggie Gallagher Expects Judge will Overt

What a foolish argument. It hasn't been overturned because it hasn't made it to the Supreme Court. You're accurate, but it adds as much to the debate as stating the sky is blue.
The point is that we can't say it's unconstitutional when it hasn't been decided as such. Plus in my state, the state court deemed it was perfectly legal to pass Tennessee Amendment 1 in 2006.
The debate is will it meet 14th Amendment Equal Protection clauses. 4 of the 5 states where it HAS been challenged, their state Supreme Courts stated that it fails to meet their own Equal Protection clauses. And remember, as we learned in Romer v. Evans - discriminatory amendments to State Constitutions can and have been overturned.
I won't deny that there may be some Constitutional clash in regards to the 14th Ammendment, but that doesn't mean states can't define marriage. All it would mean is that they can't make marriage licenses in another state void upon moving to their state.
God knows what the current Court will do (although Kennedy has voted for gay rights causes more than against them by a 3 to 1 margin); but where it has been taken to Court, most Courts find that it doesn't hold up under Equal Protection.
I would like to know which states have done this, and why the 1 state didn't rule it as wrong. Are you saying they are waiting to challenge all of them in the Supreme Court until they have enough activist judges that would support gay marriage?
And you can claim it all you like, but you ARE denying rights to others that you possess. You may enter into a legal contract with the person you love and the government will in turn grant you benefits including inheritance and protection of government benefits, visitation, power of attorney, and tax benefits. If there weren't any benefits, whey were people bitching about and overturning the "marriage penalty" a few years back?
I am not denying rights to others, because it's my belief that they don't have that right. I define marriage, and believe that homosexual unions can apply for civil unions if they want to. There is nothing that says homosexuals have the right to force upon everyone else that their relationship and union is marriage.
And specifically, the California voters didn't only restrict the rights of other citizens with their vote, they actually took the right away from people who had it - even worse in my opinion. So I lose no sleep when I say that the California voters who voted to strip people of their rights are selfish, arrogant, hateful people. They should be chastised. They looked someone in the eye and said: You were once equal, but I'm going to turn you into a 2nd Class Citizen. As of today, you mean nothing to me nor to the state and you are a lesser human being than myself.
They didn't restrict anything, they simply didn't extend the definition of marriage to include homosexual unions. And those who had marriage licenses did not obtain them legally, therefore they should have them removed because their "marriage" does not fit the proper definition of the state. I won't deny that there are arrogant hateful anti-gm people, but not all of us are that way. I have several times exposed and expressed my anger at hypocrisy at the Christian right on this forum. However, there is also selfish, arrogant, and hateful people on the pro-gm side who are bigoted towards socially conservative Christians. The mayor of San Fransisco is a prime example of one when he exclaimed "You will have gay marriage weather you like it or not!" There is much hatred towards Christians from the pro-gm side, neither side is spotless.
 
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