View Poll Results: Is Gay Marriage a Constitutional Right in the U.S.?

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  • Yes

    41 47.67%
  • No

    40 46.51%
  • Other/Don't know

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Thread: Is Gay Marriage a Constitutional Right in the U.S.?

  1. #291
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by teamosil View Post
    No. If a state stopped recognizing marriage completely that would not be a violation of equal protection. If they don't recognize marriages for some people, but do for other people, then yes, it is violating equal protection which is a fundamental right we have. You don't have a right to marry, you have a right to equal protection of the law.
    On this we can agree. This is the reason the government should remove itself from marriage altogether. If the government is going to treat everyone equally, then no distinction can be made for "protected classes" and the such. No classes exist in equality. So the government should not discriminate based on race, gender, religion, or familial relations or current marriages. If the government isn't going to give a definition of marriage, (which would certainly discriminate against someone) then they have no way to decide which ones they will acknowledge or not acknowledge. In that case marriage licenses become a moot point.
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  2. #292
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Phoenix View Post
    "The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious gender specific discriminations. Under our Constitution, the freedom to marry, or not marry, a person of the same gender resides with the individual and cannot be infringed by the State. "

    Applying the same sex to the Loving ruling results in a statement that is true for same sex couples. They may marry who they like. (or not)
    I don't follow your argument here. Can you explain more?

    Quote Originally Posted by Phoenix View Post
    On this we can agree. This is the reason the government should remove itself from marriage altogether. If the government is going to treat everyone equally, then no distinction can be made for "protected classes" and the such. No classes exist in equality. So the government should not discriminate based on race, gender, religion, or familial relations or current marriages. If the government isn't going to give a definition of marriage, (which would certainly discriminate against someone) then they have no way to decide which ones they will acknowledge or not acknowledge. In that case marriage licenses become a moot point.
    Ethically I'm not opposed to government stepping out of marriage completely. But on the practical side, it seems like we'd just need to manually create the same sort of list of contracts through a bunch of separate actions. Married couples would need to set up wills, some sort of power of attorney, living wills, some sort of joint custody agreement, co-sign one another's loans, etc. It certainly could be done, but isn't that just basically a more complicated way to do the same thing we have today? What is the advantage of that? Again, I'm not neccesarily against it, just not really clear on the argument.

  3. #293
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Marriage is a right when you can't get married, but when you can it's a burden

    I'm kinda kidding, cos I wanna believe in marriage, but I come from a bloodline of broken homes, so it's hard for me.

    If a couple wishes to get married, let em have what they want. It's not harming anybody.
    I'm reading the Middle East news. That's how I'm sure I KNOW what I'm talking about.

  4. #294
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Enoch View Post
    Citing Prop 8 is hardly a good "litmus test," as you put it, to support your claim that the majority of the country is against homosexuality. You made the claim, so back it up with real facts and figures.
    How many states have legalized gay marriage? How long as the issue been on the table? Yeah, I thought so.


    BTW, you can look at the poll right above this thread as a reference too, if you like.

  5. #295
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Goobieman View Post
    Marriage exixts because state laws say so.
    If you repeal the state laws, marriage ceases to exist.
    This, alone, means that marriage is a privilege, not a right, as rights exist independent of an act of creation by the government.

    Note specifically that while a state may allow same-sex couples to marry, this marriage need not be rexongized by other states, and is NOT rexongized by the federal government.
    I've always laughed at the bolded point - it's a true point - but hte implications are humerous.
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  6. #296
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Aunt Spiker View Post
    I've always laughed at the bolded point - it's a true point - but the implications are humerous.
    *Can't go on vacation* *Can't go see Grandma either*
    Not sure how that follows...?

  7. #297
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Goobieman View Post
    Not sure how that follows...?
    Just a joke You know, one spouse will use it as an excuse not to go see grandma....

    On the serious side - I don't consider 'gay' to be biological (it's psychological, a choice, what have you) but I don't consider it be a big enough of a deal to keep people from getting married.
    I just don't care that much - it's the least of my concerns when it comes to society problems and so forth.
    Last edited by Aunt Spiker; 10-29-09 at 11:15 AM.
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  8. #298
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Libs_Luv_Weakness View Post
    How many states have legalized gay marriage? How long as the issue been on the table? Yeah, I thought so.


    BTW, you can look at the poll right above this thread as a reference too, if you like.
    How many states have actually had a vote on the legalization of gay marriage in which the citizens of the state all had the right to vote on the issue?

    Provide THAT number, then come back with your claim that the majority of the country is against the issue.

    Also, the fact that you would point me to a poll done on an internet political forum as proof of your claim is ridiculous. Take a basic statistics course and then you'll see how idiotic that "proof" is.

    “Liberty means responsibility. That is why most men dread it.” ~George Bernard Shaw

  9. #299
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Enoch View Post
    How many states have actually had a vote on the legalization of gay marriage in which the citizens of the state all had the right to vote on the issue?

    Provide THAT number, then come back with your claim that the majority of the country is against the issue.
    26 states have amended their constitution to prohibit SSM.
    7 states specitifcally ban it, by law.
    Same-sex marriage in the United States - Wikipedia, the free encyclopedia

  10. #300
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    Re: Is Gay Marriage a Constitutional Right in the U.S.?

    Quote Originally Posted by Goobieman View Post
    26 states have amended their constitution to prohibit SSM.
    7 states specitifcally ban it, by law.
    Same-sex marriage in the United States - Wikipedia, the free encyclopedia
    The use of a poor source like Wikipedia aside, thank you for actually providing something. That seems to be so difficult for so many people.

    “Liberty means responsibility. That is why most men dread it.” ~George Bernard Shaw

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