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Thread: California gay marriage ban overturned: report

  1. #721
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Taylor View Post
    Really? I would argue otherise - that people are naturally oriented toward polygamy (men, more so) and that monogamy is the "unnatural" orientation. Hence the need for a social institution promoting monogamy.
    Sexual orientation states who we are attracted too, polygamy doesn't do that. People can be straight, gay, or bi polygamist. It isn't an orientation so much as a lifestyle.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by disneydude View Post
    There is no legal standard for that. There is in order to enter into a contract.
    I understand that one is a legal issue, but the other has potentially far more, or equally more dire consequences in the social construct of a society, IMO.

    By the way, I'm not trying to divert the thread into debating the efficacy of homosexuality, just illustration.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Your Star View Post
    You just don't get separation between Church, and State do you?
    You don't get what could not happen 40 years ago is now do you

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Your Star View Post
    Equal protection under the law.
    Explain why a federal judge is ruling over a state issue

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Zyphlin View Post
    Whether or not you think there is a slippery slope is irrelevant to what is actually required by legal standards.

    Additionally, a slippery slope argument...especially one as far fetched as yours....is not a worth while reason to bypass doing something that IS worthy simply because people may wrongfully use it to do something not worthy in the future.

    The more correct way of dealing with such situations is to argue for what's correct now and argue against what's incorrect later, not refuse to accept what is correct now for fear that it MIGHT lead to something incorrect later.
    Huh? The key word is mght, clearly, but it carries a heavy weight in your analysis. We choose to do things everyday based on what "might" happen in the future, don't we? Don't you?


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

  6. #726
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Hicup View Post
    Do children have the intellectual capacity to reconcile the gay marriage issue, or homosexuality, if taught in the public schools as perfectly "normal"?

    Tim-
    Again, you are using a slippery slope fallacy here.

    Something being legal does not equate to something being normal.

    It is legal to dye ones hair pitch black, put spikes through ones ears, get surgically implanted horns in ones forehead, wear blood stained black garb, while hissing to show your surgically created fangs.

    That does not mean its legal.

    The argument that "Marriage between two people of the same sex should be legal" and "Marriage between two people of the same sex should be taught and socially forced to be viewed as 'normal'" are two entirely different things. While they do relate, and even if we assume the second statement is "wrong", the wrongness of the second statement doesn't in and of itself negate the first statement if the first statement is right.

    Whether or not homosexuality, or even gay marriage, is taught as "normal" or "correct" or is presented as such societally is a seperate issue. One does not necessarily mean the other MUST happen, nor does supporting one necessarily mean one must support the other.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Catz Part Deux View Post
    The right of gay people to marry the partner of their choice. They were being treated like second class citizens because gay marriage wasn't allowed.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by ptif219 View Post
    Explain why a federal judge is ruling over a state issue
    Because it violates the federal Constitution.
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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Your Star View Post
    Sexual orientation states who we are attracted too, polygamy doesn't do that. People can be straight, gay, or bi polygamist. It isn't an orientation so much as a lifestyle.
    Both are hypothetical constructs used to describe behavioral intentions, desires or preferences.

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    Re: California gay marriage ban overturned: report

    Quote Originally Posted by Zyphlin View Post
    There are three levels of scrutiny that fall upon Equal Protection Claims.

    The first is reserved for Suspect Classifications. These are things like Race, Religion, etc. This classification requires that the government show a compelling state interest that shows that the inequality is necessary to serve said interest.

    The second is reserved for Quasi-suspect Classifications and requires middle-tier scrutiny. This is the standard for Gender. It requires that the government show an important state interest and that the inequality is at least substantially related to serving that interest.

    The third tier, which is the lowest, is known as Rational Basis Scrutiny. In this the government needs to only show that the inequality is rationally related to serving a legitimate state itnerest. This is reserved for any status not generally outlined, which is actually where homosexuality would currently fit into.

    In this particular instance none of the things the state presented were deemed to be an "important" state interest and/or that said interests would not be "substantially" benefited from said inequality.
    I understand this, my comment was for a few psots up, to whcih I thought you were responding. In family court the preponderance burden is all that is required in most cases. Sorry the thread is moving fast and I got lost.


    Tim-
    “When buying and selling are controlled by legislation, the first things to be bought and sold are legislators.” - P. J. O’Rourke
    “Socialism is great until you run out of someone elses money” Margaret Thatcher

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