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Donald Trump: Supreme Court should have left gay marriage to the states

So basic civil rights for minorities should be left up to the local popular vote.... Spoken like a true authoritarian.
How marriage is defined is not a 'basic civil right.' And self government is not authoritarianism. Rule by judicial fiat is. But you keep pretending that the statism you support is somehow not authoritarian in nature.

I have found over the years time and time again that most people that call themselves libertarian are actually just typical Republicans.
What you have found is irrelevant.
 
I've not run across many folks from the left who make this argument WRT marriage who are willing to accept it when I point out that my concealed carry permit lacks reciprocity from all 50 states, clearly violating my rights....

When some state allows blacks and Jews, but not white Christians, or vice versa, from getting a gun permit, you've got a good point.

No one objects, for example, that the laws regulating "marriage" in Alabama are different than in Tennessee. The objection was always that a class of people were denied access to "marriage" entirely. But you know all this, so I'm not sure what the point is.
 
Honestly the government shouldn't be involved in marriage of any kind at all.

Now if we are talking about declaring medical or estate beneficiaries and all those kinds of things there should be a legal form for that stuff.

States ARE involved, and the "legal form" for declaring medical etc. from the standpoint of the state is called "marriage." We could call it civil unions or something different but that wouldn't change anything.
 
How marriage is defined is not a 'basic civil right.' And self government is not authoritarianism. Rule by judicial fiat is. But you keep pretending that the statism you support is somehow not authoritarian in nature.

What you have found is irrelevant.

Right, so I am assuming then for you to be consistent you must believe that Loving v. Virginia was improperly decided as well, and states should be able to have laws prohibiting interracial marriage?
 
Ancient history.

lol. I wondered how long it would be before someone stumbled in to say what you said.

So tell me...what is the time frame for changing one's mind? Be specific. Months? Days? Years? Hours? At exactly what point is one allowed to have a different opinion?

(Oh, how predictable.)
 
So basic civil rights for minorities should be left up to the local popular vote.... Spoken like a true authoritarian.

I have found over the years time and time again that most people that call themselves libertarian are actually just typical Republicans.

Why is it more authoritarian to allow people wider scope over how they and their communities function, with a wide variety of outcomes based on how the people wish to live, than it is to impose top-down one-size solutions?
 
Why is it more authoritarian to allow people wider scope over how they and their communities function, with a wide variety of outcomes based on how the people wish to live, than it is to impose top-down one-size solutions?

Imagine being gay and living in a red state. :2wave:
 
Anyways, people who say we should leave civil rights "to the states" have never looked at history.
That's not the America we need to live in. I'm sorry that social conservatives feel uncomfortable when a gay couple gets married or adopts a kid. I'm sorry that states in the south were uncomfortable when segregation was stopped, when civil rights was "forced" on them by the evil federal gubment.
 
Yes, and those guidelines were provided with the explicit purpose of restricting the rights of a group of individuals.

No, they weren't. Rights are negative, not positive in nature. Had they been passing laws saying "anyone who attends a gay wedding goes to jail or pays a fine", then you would be accurate. Since the only people who had their actions restricted were employees of the government, you are incorrect.

The state does not have a right to discriminate based on either sexual orientation or the religious beliefs of its politicians. That's really what was struck down at the end of the day.

No, what was struck down at the end of the day was a particular decision made by the states that was within their purview as per the 10th Amendment of the Constitution, because 5 Justices on the Supreme Court didn't like it.

Sure I do. I don't have a right to benefit from California's tuition programs while my residence is in another state. You don't have a right to collect money from another state's social programs. Poor people in Connecticut can't collect state benefits in Florida. I can't have a business in New York while taking advantage of tax incentives in Vermont. People are denied rights based on residence literally all of the time.

No, you are confusing things you receive with Rights. You don't have a Right to California's tuition program whether you live in California or not. You don't have a Right to state benefits from Florida whether you live in Florida or not. You don't have a Right to tax benefits from Vermont whether you live in Vermont or not.

Your Rights are universally applicable because they are inherent to you.

I don't have a problem with that. It seems though, that there is a problem with a state simply denying its own residents the right to these programs and institutions.

Because it isn't a right. You don't have positive rights to take things from others via the State. We may choose to do that, but that does not create a Right to it.

Come on, man. We just went over this a year ago. It was gay marriage bans which were struck down. It wasn't whatever you think the bans were about.

Take a look at what was actually banned.

Or, if you like, a simple acid test: Churches in these area's who believed in them continued to perform gay weddings. People continued to have them. Name a single individual who conducted or attended or participated in a gay wedding who was subsequently arrested or fined for their behavior.

The actual activities that were restricted were those of the government actors, not homosexuals, and not people who had gay weddings.

I am stating that your understanding of the issue is either misguided or dishonest. It's up to you to pick one so that we may solve the issue.

No, my understanding is accurate. Yours has two major problems and one major inconsistency:

1. You are pretending that rules that in no way restricted activities were, in fact, bans on them.
2. You wish to create (from thin air) positive rights and apply them to the receipt of marriage licenses from the states.

3. Having created the right to receive a marriage license, you still wish to deny this right to groups of whom you do not approve.


In the end, it was never really about whether State A wanted to recognize a gay marriage in State B. It was about the fact that State A's refusal to recognize a legal marriage was not based on any legal objections per-say. It was based on a clearly discriminatory practice and provided no realistic alternative to a whole section of the electorate (gay people).

No more so than current practice discriminates against Muslims (or other polygamists), or incestual relationships. Why are you so quick to deny them the rights you claim that they have?

I think you need to understand that gay people weren't going to marry somebody of a sexual orientation that is incompatible with theirs anymore than you are. They certainly weren't going to do that so that another group of people can feel good about their religion. That the state simply refused to ignore this and ban their marriages -- was what in the end was struck down. As I said, the states could have simply decided to legislate gay marriage much in the way they do abortion services. They refused because November is important month and well, now we're left with gay marriage being legal in all 50 states; while you refuse to acknowledge that it wasn't a matter of recognition.

I have no idea what you are referencing with regard to November, but what you are describing is a political decision that belongs at the State level, not a Constitutional decision that belongs at the SCOTUS level.
 
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Why is it more authoritarian to allow people wider scope over how they and their communities function, with a wide variety of outcomes based on how the people wish to live, than it is to impose top-down one-size solutions?

Because one of the whole points of the constitution is to prevent tyranny's of the majorities. Basic civil rights are not subject to popular vote. Do you believe that Loving v. Virginia was improperly decided as well?
 
All of those secular things that come along with marriage ( the right to specific beneficiaries to your medical and estate, the right for medical visitation and medical decisions to be made for you etc.. ) could all easily be done with a legal form that was not part of marriage. actually you can now with medical power of attorney , wills and other documents.

Sure, but what have we gained? Now you get all those things with a simple license available at any clerk's office for less than $100. And that very comprehensive contract covering healthcare decisions, debts, inheritances, child rearing and more, has been extensively litigated over a century or more, all the players know the terms and how disputes will be handled, and so there is an immense amount of legal certainty to these things - say you're "married" and everyone who needs to know can predict the legal outcome of hundreds or thousands of various situations. If I charge $50,000 on our credit card, Chase knows it can go after assets held by me, my wife, or jointly. If we all sign individually prepared contracts, Chase cannot know, and my contract with my wife might change next week. The point is now everything is more difficult, both for me and my "wife" but also for everyone we deal with every day.

Personally I think a person should be able to name whoever they want as a beneficiary or for medical issues and those kinds of things.
And as far as the government is concerned that's all that a marriage is for .. well that and tax purposes.

And they can do that. More than anything what the marriage contract does is define a series of defaults. If the couple doesn't get around to spending $10,000 for the contracts you want, then these things, 1, 2, .....28, 29, 30 are assumed, businesses, courts, health care providers, government, can rely on these things. The second big gain is the marriage contract protects the interests of the spouses. If Spouse A spends 20 years raising the kids so Spouse B can pursue a career that takes her all over the globe, Spouse B can't in year 21 kick Spouse A to the curb with nothing so she can start banging her new boyfriend. When the two spouses are 58 and 60, Spouse B cannot get angry and write Spouse A out of the will and leave him nothing.

So its pretty simple. you create an appropriate form or two that takes care of those things and government gets out of marriage altogether otherwise and people can marry whoever they want in whatever private ceremony they want.

Again, that's been done and we call the form the "marriage contract" and figuratively incorporated by reference into the marriage contract are all those other contracts you mention.

And right now you can marry your dog or your gun or seven different women in a private ceremony and nobody cares.

Bottom line is these kinds of proposals are a solution in search of a problem with "marriage" (there is no actual problem), when the only actual issue anyone has and that has only recently arisen is now straight folks have to endure the indignity of sharing the term "marriage" with teh gays.
 
When some state allows blacks and Jews, but not white Christians, or vice versa, from getting a gun permit, you've got a good point.

No one objects, for example, that the laws regulating "marriage" in Alabama are different than in Tennessee. The objection was always that a class of people were denied access to "marriage" entirely. But you know all this, so I'm not sure what the point is.

1. You have a better argument that you have a right to a CCW license, since that ties directly to your 2nd Amendment Rights, than you do a marriage license.

2. No one was denying homosexuals from getting a marriage license. Just as with CCW permits or drivers licenses, or anything else, they simply had to meet the requirements. The counter argument that "but they didn't want to" doesn't alter that reality.
 
Why is it more authoritarian to allow people wider scope over how they and their communities function, with a wide variety of outcomes based on how the people wish to live, than it is to impose top-down one-size solutions?

As far as I know, Alabama isn't required to recognize marriage at all. If they choose to do so, they just can't discriminate based on race, religion etc. and now sexual orientation as to who can get married. Similarly, I'm not aware of any law that requires Alabama to recognize marriages in other states, but all states do for obvious practical reasons. What Alabama can't do is say, "we'll only recognize some marriages, such as those between two white heterosexual Christians but will not recognize marriages of Jews, atheists, mixed race couples or homos.

Just as an aside, it's always interesting how those whose rights are protected don't see a problem denying "them" the same protections.
 
1. You have a better argument that you have a right to a CCW license, since that ties directly to your 2nd Amendment Rights, than you do a marriage license.

2. No one was denying homosexuals from getting a marriage license. Just as with CCW permits or drivers licenses, or anything else, they simply had to meet the requirements. The counter argument that "but they didn't want to" doesn't alter that reality.

No one was denying homosexuals from getting a marriage license.
^ I laugh.
 
1. You have a better argument that you have a right to a CCW license, since that ties directly to your 2nd Amendment Rights, than you do a marriage license.

2. No one was denying homosexuals from getting a marriage license. Just as with CCW permits or drivers licenses, or anything else, they simply had to meet the requirements. The counter argument that "but they didn't want to" doesn't alter that reality.

Yeah, that's BS and you know it. Out of all the arguments against SSM that is by far the lamest, and the courts have repeatedly ruled that your argument is obvious BS, including, but not at all limited to, its decision in Loving.
 
Yeah, that's BS and you know it. Out of all the arguments against SSM that is by far the lamest, and the courts have repeatedly ruled that your argument is obvious BS, including, but not at all limited to, its decision in Loving.

It really boils down to this: "Gay people getting married? EWWWWWWWWWWWWWWWWW"
 
Because one of the whole points of the constitution is to prevent tyranny's of the majorities.

Yeah. And in order to do that, the Founding Fathers pushed decision-making as far down the chain of governance as it could go. That way, if your government was doing things that you really felt was a violation of how you wanted to live, you could just move. The central government was to be designed only to have authority over those things that it had to do, that the States were incapable of doing themselves (national defense, solving disputes between the states, diplomacy, etc.).

You can have a tyranny of the majority as easily in the Federal Government as you can at the local or State government. The major difference is, you are much less likely to be able to check it or avoid it when it is imposed from top-down.

Basic civil rights are not subject to popular vote. Do you believe that Loving v. Virginia was improperly decided as well?

Yes. :shrug: You can arrive at the right solution through the wrong means, just as you can arrive at the wrong solution through the right means. To paraphrase Chief Justice Roberts, that case, too, was not about the Constitution, but rather about what the Justices felt was right.
 
Yeah, that's BS and you know it. Out of all the arguments against SSM that is by far the lamest, and the courts have repeatedly ruled that your argument is obvious BS, including, but not at all limited to, its decision in Loving.

No, it isn't. You cannot counter-argue that the licenses for other items are available so long as you meet the requirements, and then pretend like that factor does not exist only for homosexuals and only for marriage licenses.
 
As far as I know, Alabama isn't required to recognize marriage at all. If they choose to do so, they just can't discriminate based on race, religion etc. and now sexual orientation as to who can get married. Similarly, I'm not aware of any law that requires Alabama to recognize marriages in other states, but all states do for obvious practical reasons. What Alabama can't do is say, "we'll only recognize some marriages, such as those between two white heterosexual Christians but will not recognize marriages of Jews, atheists, mixed race couples or homos.

Actually according to Hatuey they can, so long as they are denying Muslims, some of the older Mormon sects, or incestual couples.

Just as an aside, it's always interesting how those whose rights are protected don't see a problem denying "them" the same protections.

:roll: I don't have the right to a receipt of a marriage license any more than anyone else does.
 
No, what was struck down at the end of the day was a particular decision made by the states that was within their purview as per the 10th Amendment of the Constitution, because 5 Justices on the Supreme Court didn't like it.

You can disagree with the decision all you want, but every Supreme Court decision can be characterized the same way. All you're doing is characterizing the 5 justices and all the other dozens of judges in various courts over many years, and hundreds of legal experts with no obvious agenda of being dishonest, that there is not even the possibility of honest disagreement on the issue, that every single person who took the other side from you on this issue was either ignorant or willfully decided the case wrongly, acted out of malice or ill will instead of a reasoned disagreement. I don't think that's fair for either side of this issue actually.

1. You are pretending that rules that in no way restricted activities were, in fact, bans on them.
2. You wish to create (from thin air) positive rights and apply them to the receipt of marriage licenses from the states.

3. Having created the right to receive a marriage license, you still wish to deny this right to groups of whom you do not approve.

I can't speak for others, but I don't want to deny rights to anyone based on my personal feelings. I'm horrified at the idea of a 40 year old man marrying a 7 year old girl, but I'm willing to place the burden on the state to prove why such unions should be banned, and this couple be denied the same right to a marriage license that you have. It wouldn't be hard, obviously, but if the state is going to offer this pretty incredible set of benefits to couples, they should be able to defend decisions to deny those benefits to any couple wanting to marry. Identify the state's interest in restricting access to those benefits. So, sure, let polygamists petition the court, and force states to justify bans on multiple wives or husbands. If the state cannot do that to the satisfaction of the courts, then by all means, remove the restrictions! Same with incestuous relationships, and with marriages involving minor children!

But let's take a different issue. You OK if a majority in your town says women cannot get a driver's license? There is no "right" to drive - it's a privilege and we deny that privilege to people every damn day! And if you say, no, women must have the same access to that privilege as men, then why or why would you deny that to people with 17 DUIs on their record?
 
Actually according to Hatuey they can, so long as they are denying Muslims, some of the older Mormon sects, or incestual couples.

I didn't know that Muslims and Mormons could not get married or that their marriages were not recognized in some states. Please, elaborate! Where does this occur??!!

I assume you mean the limit on number of spouses, but there is nothing unique about Mormons or Muslims in those bans - they apply to everyone. And IMO, those bans should face the same tests SSM did - if the state cannot demonstrate a compelling reason to ban multiple wives or husbands, the bans should be struck down, same with other restrictions on "marriage."

I don't have the right to a receipt of a marriage license any more than anyone else does.

I guess not, but what you're 100% sure of is no state will deny you a license and all 50 states will recognize your marriage, so this "let the local communities decide" is an act that you KNOW will cause you zero inconvenience. It's nice you're willing to make others' lives much more difficult when the risk to you is nothing. Very noble of you.
 
So, in other words, you're perfectly fine with the state denying civil rights to certain people that the masses feel don't deserve them.

I've long given up on a utopian paradise.

if enough people don't want to live with your rules, they aren't going to.

it really is that simple. consent of the governed trumps all.
 
The concept that basic civil rights are NOT subject to the consent of the governed is a difficult concept for others...

of course they are silly child
 
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