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California gay marriage ban overturned: report

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HIV is brought up in ever thread involving gays for the same reason that Incest, bestiality, polygamy and pedophilia is brought up. It's an attempt to tie gay people with unpopular things.

Well then republican politicans shouldn't allowed to get married... It seems they are all gay or pedofiles... No comment on the party or it's memebers... Just a simple observation on the people most concerned with "protecting family values" are the ones pissing in the wind.

Look at my neighbor (literally) Sen. David Vitter. That man has had more ho's than Santa...
 
This decision by Judge Walker has nothing to do with polygamy, whether you can marry a horse, dog or cat. Or about AIDS. It's about equal protect under the law. Whether TWO people who would be eligible to marry someone of the opposite sex can marry a person of the same sex. One Prop8's arguments was that gay marriage was bad for the kids.
Walker notes that the plaintiffs presented eight lay witnesses and nine expert witnesses, including historians, economists, psychologists, and a political scientist. Walker lays out their testimony in detail. Then he turns to the proponents' tactical decision to withdraw several of their witnesses, claiming "extreme concern about their personal safety" and unwillingness to testify if there were to be "recording of any sort." Even when it was determined that there would be no recording, counsel declined to call them. They were left with two trial witnesses, one of whom, David Blankenhorn, founder and president of the Institute for American Values, the judge found "lacks the qualifications to offer opinion testimony and, in any event, failed to provide cogent testimony in support of proponent's factual assertions." Blankenhorn's credentials, methodology, lack of peer-reviewed studies, and general shiftiness on cross examination didn't impress Walker. And once he was done with Blankenhorn, he turned to the only other witness—Kenneth P. Miller—who testified only to the limited question of the plaintiffs' political power. Walker wasn't much more impressed by Miller, giving his opinions "little weight."
Judge Walker's decision to overturn Prop 8 is factual, well-reasoned, and powerful. - By Dahlia Lithwick - Slate Magazine
 
CaptainCourtesy - Originally posted 4/4/2009
You are wrong, dana. There is more of a difference between polygamy and GM than just what Zyph posted. The government sanctions marriage for a variety of reasons...

Wrong, right here. The Government does not sanction marriage, it only recognizes it within a legal framework, and provides the limitations through that framework. Marriage, in and of itself, requires no sanction from anyone, other than those participating in the marriage. Recognition of marriage as a fundamental right is what the State does, and it goes no further than that.

First. let us take a look at the difference between homosexuals and heterosexuals. The striking difference is obvious. Homosexuals have a sexual orientation towards those of the same sex, whereas heterosexuals have a sexual orientation towards those of the opposite sex.

This is what identifies them as individuals, sexually, and spiritually. I agree with this sentiment.

Why would a heterosexual woman want to marry a man? Sexual orientation. Why would a homosexual man want to marry a man? Sexual orientation.

That is part of it, but it is not all of it.

Clearly, from an individual standpoint, this is a, if not the main reason for one wanting to marry a specific other. Love, attraction, emotion

I'm with ya so far..

Now, this does not justify gay marriage being validated, and, in fact is a weak argument that I never make. Love, attraction, and emotion does not benefit the state, which is why marriage exists.

This is wrong. Firstly, marriage does not need to benefit that state, it need only to be able to qualify for recognition, but that recognition is not dependant on any arbitrary judgment as to any benefit marriage may, or may not impart on the state. Secondly, the bonds that form from marriage, and the families that arise from them, historically, come before the state. In essence, they made the state, and without it, the state ceases to exist.

However, polygamy does not fit well in the criteria that I have identified. There is no polygamous sexual orientation

No, but there is a definable identity associated with polygamists. In fact, a polygamist cannot be a polygamists unless they show affection, emotion, love and attraction to more than one other individual. Sexual orientation is a protected right in CA, however, I've argued that it is identity that is what should be protected, as identity encompasses a more broad interpretation of the individual. By protecting ones sexual, and spiritual identity, among other things, the state can include all categories, so long as the marriage commitment does not violate any protections afforded other classes.

However, being that there is no polygamous sexual orientation, using this, a mainstay of the individual reason for marriage, will not work or apply. Therefore, polygamy from an individual standpoint, does not meet the same criteria for marriage as do homosexuals or heterosexuals. Lack of orientation.

First of all, given the above, I'm not even sure you've made an argument for sexual orientation as a consideration for recognition of marriage?

Now, we move into the societal realm. Government supports marriage for a few reasons. The productive rearing of children is most important. Creating a stable family life is also key: it adds to the positive potential for healthy children, but it also creates healthy adults. There is plenty of evidence to support the theory that those who live in a healthy, stable, committed relationship, are happier, healthier, and are more productive members of society. These are all things that benefit the state. Research shows that, regardless of sexual orientation, gay or straight, folks who live in these kinds of committed relationships, do better, and rear children better, than those who do not. This is regardless of sexual orientation.

I would criticize two things here. First, there is no limitation on marriage that purports to require a benefit for the state in order for marriage to be recognized. Secondly, research does not show. Check that, the research that exists currently does not give any conclusive evidence one way or the other as to the efficacy of homosexual marriage, nor of raising children.

This is the second piece of the argument that will, eventually win the day for gay marriage. Polygamy does not offer the same benefits. And the answer to "why" is simple, and is psychological in nature. Jealousy, rivalry, and inconsistency

That is utter none sense. Polygamists are not uniquely prone to any of those human emotions, and to prove otherwise would require you to delve deep into the science-light, that is psychology, and frankly it, no matter what you find, would seem uncompelling to me, and easily debatable.

Just like my argument that psychology cannot be separated from economics, hence, because of greed, pure forms of both socialism and libertarianism are destined to be complete failures

That's a sweeping generality, and not even remotely provable. Psychology, can be attributed to everything we do, hardly a justification for your assertion. But that's a different topic..

neither can human psychology be separated from this issue

Why would it need to be, "separated", exactly?

What is the number one cause of divorce? Adultery. Why? Jealousy and rivalry

Let me see if I have this right. You think "jealousy and rivalry" are the cause for a man, or a woman to cheat on their spouse? I'm sorry but that is absurd..

In a multi-partner marriage, it would be impossible for their not to be some sort of hierarchy, and even if this is agreed upon, one cannot eliminate one's emotions.

See this is why I ignored your psycho babble portion of your post. It's none sense, and not even remotely provable. Not to mention that none of it is enough for a state to deny marriage to the polygamists.

With this type of emotional instability at the familial structure's core, a healthy, committed relationship, similar to that of a single partner marriage, could not be obtained

You do realize that human anthropology disagrees with you? In fact, monogamy is relative newcomer to the human existence. Polygamy, and variations of it, existed for eons, well before the concept of monogamy, so that kind of throws a wrench into that theory, eh?

Further, the inconsistency in caretaking responsibilities and in child rearing responsibilities, compounded by the hierarchies and rivalries will harm the children

In what way? Can you be specific?

We already see some of this in divorced families, where inconsistent rules, non-existent co-parenting, and rivalries, negatively affect children.

Yes it does in divorce, but what does that have to do with a happy, and healthy, intact polygamist family?

Lastly, though there is plenty of research that supports both heterosexual and homosexual unions as being beneficial, there is none that supports polygamy

How about 4.5 million years of data? :)

All of this shows how there is not correlation nor slippery slope from homosexual to polygamous marriage. Polygamy, for the reasons I identified, is not only a very different animal than homosexual marriage, but has none of the similar benefits to the state that the government currently sees marriage as.

Benefits have nothing to do with it, period!

Polygamy as a reaction to homosexual marriage is a smokescreen and an invalid comparison.

No, it's entirely relevant.


Tim-
 
No. This doesn't just get to stand as is. All you are doing is manipulating statistics. You don't get to exclude a group because it counters your position.

Then include them.. It makes no difference to my analysis..

Tim-
 
HIV is brought up in ever thread involving gays for the same reason that Incest, bestiality, polygamy and pedophilia is brought up. It's an attempt to tie gay people with unpopular things.

So wait.. Isn't my explanation for the reason I brought it up not enough? Are you all accusing me of meaning something other than what I said? HIV is NOT a gay disease, and I never said ti was. Period! So please stop your stupid accusations?


Tim-
 
HIV is brought up in ever thread involving gays for the same reason that Incest, bestiality, polygamy and pedophilia is brought up. It's an attempt to tie gay people with unpopular things.

I don't agree. If you look back HIV was brought up when CC decided to go back to his obsolete argument trying to link the privilege of marriage recognized by the state with community value. HIV infection was simply offered to counter that ridiculous argument by proving homosexuality has its own risks and "negatives" if you are going to value base what groups get to marry based on positive or negative contributions to a society.

Frankly, its such an audacious argument its quite incredible he brought it up in the first place. And who gets to judge a "fundamental right" as many on the pro gay marriage like to argue based on the contributions to a society? What if we judged health care by that draconian scale? What about performance in class? On the field? culture? Frankly I'm shocked you didn't argue against it yourself.
 
Hicup, the government does indeed sanction marriage(they are after all who issue marriage licenses. There are also, as of 1997, "1,049 federal statutory provisions classified to the United States Code in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor". http://www.gao.gov/new.items/d04353r.pdf
 
Hicup, the government does indeed sanction marriage(they are after all who issue marriage licenses. There are also, as of 1997, "1,049 federal statutory provisions classified to the United States Code in which benefits, rights, and privileges are contingent on marital status or in which marital status is a factor". http://www.gao.gov/new.items/d04353r.pdf

Yes, all legislative, nothing to do with the marriage construct as being wholly fundamental. That's what I meant.


Tim-
 
I don't agree. If you look back HIV was brought up when CC decided to go back to his obsolete argument trying to link the privilege of marriage recognized by the state with community value. HIV infection was simply offered to counter that ridiculous argument by proving homosexuality has its own risks and "negatives" if you are going to value base what groups get to marry based on positive or negative contributions to a society.

Frankly, its such an audacious argument its quite incredible he brought it up in the first place. And who gets to judge a "fundamental right" as many on the pro gay marriage like to argue based on the contributions to a society? What if we judged health care by that draconian scale? What about performance in class? On the field? culture? Frankly I'm shocked you didn't argue against it yourself.

Except that, despite your ignoring this repeatedly, it is not homosexuality which is high risk, it is engaging in high risk activities. Once again, since you keep ignoring this, a gay who engages in no high risk activities(such as one who is monogamous by virtue of, say, being married) is at a much lower risk of contracting HIV than a strait person who engages in high risk activities such as promiscuity. It is certain behaviors which are high risk, not certain orientations.
 
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Yes, all legislative, nothing to do with the marriage construct as being wholly fundamental. That's what I meant.


Tim-

What you said was that the government did not sanction marriage. What I showed was not only do they sanction it, they reward it heavily.
 
I don't agree. If you look back HIV was brought up when CC decided to go back to his obsolete argument trying to link the privilege of marriage recognized by the state with community value. HIV infection was simply offered to counter that ridiculous argument by proving homosexuality has its own risks and "negatives" if you are going to value base what groups get to marry based on positive or negative contributions to a society.

And the problem with this entire line is the problem with all of your arguments on this issue. You do not understand the difference between sexual orientation and sexual behavior. When you can demonstrate that you understand that difference, perhaps then you will understand the sheer foolishness of your argument and what you say will not be irrelevant.

Frankly, its such an audacious argument its quite incredible he brought it up in the first place. And who gets to judge a "fundamental right" as many on the pro gay marriage like to argue based on the contributions to a society? What if we judged health care by that draconian scale? What about performance in class? On the field? culture? Frankly I'm shocked you didn't argue against it yourself.

Since I have never argued that marriage is a fundamental right, this paragraph is irrelevant. Cool... you are now two for two.
 
Except that, despite your ignoring this repeatedly, it is not homosexuality which is high risk, it is engaging in high risk activities. Once again, since you keep ignoring this, a gay who engages in no high risk activities(such as one who is monogamous by virtue of, say, being married) is at a much lower risk of contracting HIV than a strait person who engages in high risk activities such as promiscuity. It is certain behaviors which are high risk, not certain orientations.

How can you say that when the act of male homosexual sex for instance has been proven to be the most readily available way to contract any number of STDs including HIV when compared to other lifestyles and the argument made was benefit to a society? The act itself is high risk compared to other sexual orientations when you compare them directly as CC is trying to do. Of course if everyone was faithful and never had sex with anyone other than their partner for life everyone would be safe but you know that isn't how the real world works. If you prove a sexual orientation has a higher risk of infection than another that would be an overall negative.

The very point is that the argument itself to value base judgment on sexual orientations with the expressed purpose of judging whether or not they are going to be accepted as candidates by the state for marriage is a preposterous argument. I think you know that.
 
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How can you say that when the act of male homosexual sex for instance has been proven to be the most readily available way to contract any number of STDs including HIV and the argument made was benefit to a society? The act itself is high risk compared to other sexual orientations when you compare them directly as CC is trying to do. Of course if everyone was faithful and never had sex with anyone other than their partner for life everyone would be safe but you know that isn't how the real world works. If you prove a sexual orientation has a higher risk of infection than another that would be an overall negative. The very point is that the argument itself to value base judgment on sexual orientations with the expressed purpose of judging whether or not they are going to be accepted as candidates by the state for marriage is a preposterous argument. I think you know that.

Nice try with mincing definitions and words. It's not "male homosexual sex". I think you are referring to anal sex. Anal sex is practiced by heterosexuals, too. And anal sex is not the only sexual activity that gays engage in. Further, the number one cause of HIV is unprotected sexual activity. Period. Notice something in that sentence? Gay or homosexual or anything like it is not mentioned. Sexual orientation is not a causational factor. If you could prove that, you already would have. You can't, which is why your argument is invalid.
 
Except that, despite your ignoring this repeatedly, it is not homosexuality which is high risk, it is engaging in high risk activities. Once again, since you keep ignoring this, a gay who engages in no high risk activities(such as one who is monogamous by virtue of, say, being married) is at a much lower risk of contracting HIV than a strait person who engages in high risk activities such as promiscuity. It is certain behaviors which are high risk, not certain orientations.

hehe.. Now you're showing redress..

It is true that people of all stripes that practice safe sex have no risk factors associated with contracting HIV, but it does nothing for any meaningful analysis of this data. For instance, one cannot separate an individual experience from a broad sample. It is therefore incumbent on the one analyzing the date to include the figures of the entire sample on the face. Clearly homosexuals as a group are responsible for more than half the cases of HIV in the USA. Assuming that, safe sex practices do not differ from one sexual orientation to another, or one categorical group over another, we must only conclude that homosexuals practices unsafe sex more so than any other group in the sample. Therefore it is reasonable, and in fact completely conclusive that homosexuals, as a group, are a risk factor in contracting HIV.

Now do you get it? This is the last I will say on the subject unless you start a new thread on it.


Tim-
 
What you said was that the government did not sanction marriage. What I showed was not only do they sanction it, they reward it heavily.

legislative, and not germaine to the central question of this thread. The State recognizes marriage, and so too does the Federal Government, but the question is on the EPC,a nd the Due process claim.


Tim-
 
How can you say that when the act of male homosexual sex for instance has been proven to be the most readily available way to contract any number of STDs including HIV when compared to other lifestyles and the argument made was benefit to a society? The act itself is high risk compared to other sexual orientations when you compare them directly as CC is trying to do. Of course if everyone was faithful and never had sex with anyone other than their partner for life everyone would be safe but you know that isn't how the real world works. If you prove a sexual orientation has a higher risk of infection than another that would be an overall negative.

The very point is that the argument itself to value base judgment on sexual orientations with the expressed purpose of judging whether or not they are going to be accepted as candidates by the state for marriage is a preposterous argument. I think you know that.

No, anal sex is. Which is not limited to homosexual men, everyone can have anal sex. Also not every homosexual man has anal sex.
 
YAY! Welcome to the board. :D

So I know that I'm just jumping in the middle of this and there is much I didnt read (with 144 pages, how could I?), but I firmly believe that the constitution is ALWAYS meant to protect and give rights and never limit. When CA put a constitution BAN on the civil union (as marriage is a religious thing and the government has no place in that and it no place in the government) between two people of the same gender, they spat in the face of liberty.

And why is HIV even brought up? How does HIV affect your civil rights? My southern baptist preacher has HIV. Do you know how he got it? Blood transfusion...

My grandmother always has very wise things to say in her very, very thick Russian accent. I think we could all learn from something she told me very recently: "Austin... Come here. Why the fu*k do you care? Does it really matter? Will this affect your life in any way?"

Does it really? No.

But hey----At least with gay couples, there is no fear about unwanted pregnancies draining the social security tit.
 
No, anal sex is. Which is not limited to homosexual men, everyone can have anal sex. Also not every homosexual man has anal sex.

See my elaboration above, and please refute the analysis.. Check that.. See I knew this would happen.. Please start another thread someone, anyone, and we can discuss it there.


Tim-
 
See my elaboration above, and please refute the analysis.. Check that.. See I knew this would happen.. Please start another thread someone, anyone, and we can discuss it there.


Tim-

Your analysis suffers from the same problem your analysis in this case ALWAYS suffers from: the correlation not causation logical fallacy. Here, I will demonstrate:

It is true that people of all stripes that practice safe sex have no risk factors associated with contracting HIV

True.

but it does nothing for any meaningful analysis of this data.

Completely false. It is behavior that causes HIV. Not a state of being. One can be heterosexual or homosexual and be completely abstinent... and have 0% chance of contracting HIV from their sexual orientation. Orientation is irrelevant. Behavior IS relevant.

For instance, one cannot separate an individual experience from a broad sample.

True to some extent... if you are meaning that an individual experience can define the outcome.

It is therefore incumbent on the one analyzing the date to include the figures of the entire sample on the face.

Correct. ALL the data... not just the data that helps your position.

Clearly homosexuals as a group are responsible for more than half the cases of HIV in the USA.

No. Homosexuals, as a group contract more than half the cases of HIV. Your wording is incorrect.

Assuming that, safe sex practices do not differ from one sexual orientation to another, or one categorical group over another, we must only conclude that homosexuals practices unsafe sex more so than any other group in the sample.

I would say that this is probably correct.

Therefore it is reasonable, and in fact completely conclusive that homosexuals, as a group, are a risk factor in contracting HIV.

No. This statement contradicts the statement preceding it, making it a false conclusion. In the statement preceding it, you are discussing unsafe sexual activity... an accurate statement. You then make the leap from behavior to sexual orientation, which, as you have shown, is only a correlation, not a causation. In order to prove your premise, you would have to show that being gay CAUSES unsafe sex. Unless you can do that, your position is a logical fallacy for the reasons that I have shown.

Now do you get it? This is the last I will say on the subject unless you start a new thread on it.

I don't think we need a thread. Your position has been debunked, logically. Unless you can show causation, you have nothing.
 
CC -
Completely false. It is behavior that causes HIV. Not a state of being

Now, you're showing, CC. Ok, so if behavior, I assume you mean anal sex that causes HIV, and also too, the practice of unsafe sex; then my analysis is still 100% accurate. The "state of being" is only to identify the category. Why analyze data that places a conclusion on a group of people, if you're not going to identify who the group of people are?

Not a state of being. One can be heterosexual or homosexual and be completely abstinent... and have 0% chance of contracting HIV from their sexual orientation. Orientation is irrelevant. Behavior IS relevant.

Thanks for pointing out the blatantly obvious? :)

True to some extent... if you are meaning that an individual experience can define the outcome

No.. I mean you're sampling a large sample to make a more narrow conclusion. You cannot take a single narrow experience, and apply it to a broad sample. That's ridiculous!

Correct. ALL the data... not just the data that helps your position

Umm.. Yeah, this is what I have been saying?

I said -
Clearly homosexuals as a group are responsible for more than half the cases of HIV in the USA.

You say -
No. Homosexuals, as a group contract more than half the cases of HIV. Your wording is incorrect

Huh?

No. This statement contradicts the statement preceding it

No.. Um, no it doesn't, not in the slightest!

In the statement preceding it, you are discussing unsafe sexual activity... an accurate statement. You then make the leap from behavior to sexual orientation, which, as you have shown, is only a correlation, not a causation. In order to prove your premise, you would have to show that being gay CAUSES unsafe sex.

I never made this conclusion, you just did! However, it also happens to be true according to my analysis; at least statistically.

I don't think we need a thread. Your position has been debunked, logically. Unless you can show causation, you have nothing

I don't need to show causation. I never made that claim. However, I also proved it in my analysis, you just missed it again for the first time. :)

And I would add that you can't be asking me if I made the claim that homosexuality causes HIV? No one knows what causes HIV, if I did , I'd be rich beyond belief.


Tim-
 
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CC -

Now, you're showing, CC. Ok, so if behavior, I assume you mean anal sex that causes HIV, and also too, the practice of unsafe sex; then my analysis is still 100% accurate. The "state of being" is only to identify the category. Why analyze data that places a conclusion on a group of people, if you're not going to identify who the group of people are?


Tim-

Heterosexual people have just as much anal sex as homosexual people.
 
Heterosexual people have just as much anal sex as homosexual people.

They do? Wouldn't that kind of be a silly assumption? Since part of what constitutes a heterosexual is how they make love? LOL You can't be that serious? Were you joking with me?


Tim-
 
They do? Wouldn't that kind of be a silly assumption? Since part of what constitutes a heterosexual is how they make love? LOL You can't be that serious? Were you joking with me?


Tim-

What constitutes a heterosexual is who they are attracted too, not how they make love. If you are attracted to the opposite gender from which you identify yourself as your heterosexual, if you are attracted to the same, then you are homosexual, if you are attracted to both, then you are bisexual. Maybe you need to touch up on some basic sexual education before you continue with this discussion.
 
What constitutes a heterosexual is who they are attracted too, not how they make love

Baloney!

If you are attracted to the opposite gender from which you identify yourself as your heterosexual, if you are attracted to the same, then you are homosexual, if you are attracted to both, then you are bisexual. Maybe you need to touch up on some basic sexual education before you continue with this discussion.

Yeah but you said -
Heterosexual people have just as much anal sex as homosexual people.

So you bring in the act of sex, as a defining parameter for sexual orientation, and then now deny it has any bearing on your argument?

Weak.. Actually it's not weak, it's pathetic as a rebutal.

Tim-
 
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