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

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


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Yes....under the Equal protection clause. Anytime the government grants rights or privileges, it cannot under the US Constitution deny those rights to any cognizable group without there being ( at a minimum) a legitimate state interest for doing so. More likely Gays would be analyzed under the second tier of equal protection requiring an "important governmental interest" for the restriction. I doubt there is even a legitimate basis that could be upheld.

That is an example of ignoring the real problems, such as what causes divorce.

I'm a pragmatic, goal-oriented person who regards distractions from the goal with hostility.

The goal is to lower the divorce rate. If gay-marriage is not a solution, even in part, then it is a distraction and I'll oppose it for simply being a nuisance.
 
That is an example of ignoring the real problems, such as what causes divorce.

I'm a pragmatic, goal-oriented person who regards distractions from the goal with hostility.

The goal is to lower the divorce rate. If gay-marriage is not a solution, even in part, then it is a distraction and I'll oppose it for simply being a nuisance.

Yeah...of course...don't let little things like equal protection under the US Constitution get in the way.....that document is a HUGE nuisance to people such as yourself.
 
Yeah...of course...don't let little things like equal protection under the US Constitution get in the way.....that document is a HUGE nuisance to people such as yourself.

Childless couples are not equal to child-rearing couples.

A child-rearing gay couple > a childless hetero couple.

The child-rearing gay couple should get the "marriage", while the childless hetero couple should be denied a "marriage".
 
Keep in mind that we are not speaking of any civil rights.

We are only talking about a word.

IMO gays can have all the same civil rights, but not the word.

I thought this thread was about marriage being a right or not?

And what's the problem with gay's "having" the word "marriage"? It is just a word after all to describe a union between two people that love each other. The word has even been used by many different cultures in many different areas so it's not like it's reserved by any one group.
 
That is an example of ignoring the real problems, such as what causes divorce.

I'm a pragmatic, goal-oriented person who regards distractions from the goal with hostility.

The goal is to lower the divorce rate. If gay-marriage is not a solution, even in part, then it is a distraction and I'll oppose it for simply being a nuisance.

The US has no studies (that I'm aware of) of it being a liability towards marriage or being helpful. Though common sense would show that it does help marriage since gay's would marry..which means more marriages. Since gay's would not get married at all if they are not allowed to marry who they wish to marry.

As far as divorce rate goes surely you're not attributing this to gays? Am I reading you wrong? The only thing that's going to help lower divorce rate is to 1: raise the bar on why a person may get divorced and 2: start teaching people self responsibility instead of this entitlement crap that seems to be prevalent now adays.
 
Childless couples are not equal to child-rearing couples.

A child-rearing gay couple > a childless hetero couple.

The child-rearing gay couple should get the "marriage", while the childless hetero couple should be denied a "marriage".

So the only reason in your mind for a marriage is for procreation/raising kids?

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Well to each their own I guess. Personally I've always considered marriage as the ultimate way to show your love for someone.
 
We decided we didn't want to follow the 501c3 rules. We wanted to hold services and events on public school grounds for students, give each patron an individual candle to hold for the Christmas service, endorse or oppose politicians and laws, invite politicians to speak, etc.

I'm not sure if that's cool or scary to me... Maybe both ;)

Keep in mind that we are not speaking of any civil rights.

We are only talking about a word.

IMO gays can have all the same civil rights, but not the word.

How do you mean. Are you talking about civil unions? Because they still don't confer the same benefits in most states or companies. To me, that's a clear cut civil rights issue.

First, I do not oppose gay-rights. You may note that my objections regard each and every single couple who have no intention of being monogamous and raising children. That includes heteros. That includes mixed races. That includes gays. A childless gay couple is equal in every way to a childless hetero couple in that ALL childless couples are equally worthless.

Now I'm lost. A childless hetero couple has tons of rights being denied a childless gay couple. What exactly do you propose to restore equality between the two situations?

Second, if I opposed gay "marriage" simply because I'm hetero, then gays only desire "marriage" because they're homo.

I didn't say that. I said you want to have legal heterosexual marriage because you're heterosexual. Same like gay people want to have legal homosexual marriage because they're homosexual. So, your argument that "the reason you support hetero marriage isn't equality" doesn't have bearing. You can support whatever kind of marriage you want, but you can't oppose somebody else's right to be married because that would violate the principal of equality.

Well if it doesn't affect me then I don't see why I should support it.

You shouldn't. You just shouldn't oppose it. If something causes suffering for another group, your only ethically legitimate positions are to favor ending the suffering because you magnanimously want to do something positive for another group, or to stay out of it because it doesn't involve you. To perpetuate suffering for another group when it doesn't effect you? That is not an ethically acceptable position.
 
The bottom line is, if people want gays to have marriage rights, they'd happen. Let's stop hiding behind all this constitutional garbage about how they don't need the right, and blah blah blah. There is nothing wrong with them having the right. There are too many assumptions about what homosexuality is that are blocking the discussion. All the legal minutiae being debated are just a cover for core feelings.

Eventually gays will be able to marry everywhere in the Western world. The opposition are just delaying the inevitable. There is no logical argument against it.
 
So a friend of mine posted this on Facebook:
Barack Obama Ignores The 14th Amendment When It Comes To Same-Sex Marriage Equality Across America

And it got me thinking. The 14th Amendment states:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

According to Loving v Virginia (Loving v. Virginia - Wikipedia, the free encyclopedia), this means that marriage requirements cannot be based on race.

So does this mean, then, that the right to marriage cannot be restricted based on gender?

I am interested to see what people think of this.


You follow homosexual wants, and desires?:roll: :mrgreen:
 
How do you mean. Are you talking about civil unions? Because they still don't confer the same benefits in most states or companies. To me, that's a clear cut civil rights issue.

Taking California as the example, the only civil rights gays have trouble accessing are either federal regulations (something the state can not remedy but would not be an issue if Domestic Partnership were Federalized) such as immigration status for spouses, or are wrinkles currently being ironed out, such as non-compliant employers or policies which now need to be rewritten in part.

Now I'm lost. A childless hetero couple has tons of rights being denied a childless gay couple. What exactly do you propose to restore equality between the two situations?

Childless hetero couples were always seen as a benign exception to the rule, but childlessness was never promoted.

The main gay-marriage arguments promote childlessness, something "marriage" per-se has never been about.

I propose allowing any, again, ANY child-rearing couple to marry, and banning any and all childless couples regardless of their composition. I would even support incest for this reason.

I didn't say that. I said you want to have legal heterosexual marriage because you're heterosexual. Same like gay people want to have legal homosexual marriage because they're homosexual. So, your argument that "the reason you support hetero marriage isn't equality" doesn't have bearing. You can support whatever kind of marriage you want, but you can't oppose somebody else's right to be married because that would violate the principal of equality.

You would do well to ask what my motivations are instead of assuming them and going from there. Your basic assumption is wrong and thus the argument you've based it on crumbles.

I wanted to make a family. As you can tell from my argument, I have no intention of stopping anyone else from making a family.

If gay-marriage is going to be about sweeping existing problems under the rug in the name of identity-politics and feel-good legislation, then I'll oppose legalizing gay-marriage even-though I would like to see child-rearing gays wed.

You shouldn't. You just shouldn't oppose it. If something causes suffering for another group, your only ethically legitimate positions are to favor ending the suffering because you magnanimously want to do something positive for another group, or to stay out of it because it doesn't involve you. To perpetuate suffering for another group when it doesn't effect you? That is not an ethically acceptable position.

Empathy for others would be an effect on me. If gay-marriage doesn't effect me, that inherently, automatically means I'm not epithetic to their plight.

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From my perspective, the current gay-marriage arguments and rationals harm me directly because they perpetuate if not exacerbate the divorce rate and related juvenile crime/abortion/teen-pregnancy rate, which in turn harm the economy.
 
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The bottom line is, if people want gays to have marriage rights, they'd happen. Let's stop hiding behind all this constitutional garbage about how they don't need the right, and blah blah blah. There is nothing wrong with them having the right. There are too many assumptions about what homosexuality is that are blocking the discussion. All the legal minutiae being debated are just a cover for core feelings.

Eventually gays will be able to marry everywhere in the Western world. The opposition are just delaying the inevitable. There is no logical argument against it.

Glad to see anti-intellectualism has such a strong wing in Gay Rights.

Yes, who cares about Rule of Law, all this "Constitutional Garbage!" Let's all bow down to your feelings and what your 'gut' is telling you.
 
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Taking California as the example, the only civil rights gays have trouble accessing are either federal regulations (something the state can not remedy but would not be an issue if Domestic Partnership were Federalized) such as immigration status for spouses, or are wrinkles currently being ironed out, such as non-compliant employers or policies which now need to be rewritten in part.

Well, then you get into 'separate but equal', which isn't something the SCOTUS has historically considered a valid position. Separate but equal, even if the accomodations are exactly the same, sends a message that one group is inferior to the other, hence they need to be separated. So, separate is inherently unequal.

But, that wouldn't come into play unless domestic partnerships were actually equal. You're right that federalizing it would help by alleviating the reciprocity issues and states that are lagging on domestic partnership rules. Also, yes, employers, hospitals, banks, insurance companies, etc would need to be forced to provide the same treatment for domestic partnerships as they do for marriages. If all that happened nation wide, yeah, that would be pretty comprable.

But why would you support that, but oppose marriage if it's the same thing?

The main gay-marriage arguments promote childlessness, something "marriage" per-se has never been about.

How so? The gay community has been campaigning for adoption applications to be treated equally forever.

I propose allowing any, again, ANY child-rearing couple to marry, and banning any and all childless couples regardless of their composition. I would even support incest for this reason.

Why would marriage rights only be available to couples with children? The 'benefits' of marriage almost all pertain with rights you have to join your lot with the person you marry. What does that have to do with children?

From my perspective, the current gay-marriage arguments and rationals harm me directly because they perpetuate if not exacerbate the divorce rate and related juvenile crime/abortion/teen-pregnancy rate, which in turn harm the economy.

Whoa, lets see some evidence for those claims. Do you have studies or anything supporting that view?
 
Constitutional right or not, it's none of the Government's damn business.
 
Well, then you get into 'separate but equal', which isn't something the SCOTUS has historically considered a valid position. Separate but equal, even if the accomodations are exactly the same, sends a message that one group is inferior to the other, hence they need to be separated. So, separate is inherently unequal.

Brown-v-Board of Education found no problem with separate but equal so long as neither was superior to the other.

The Deceleration of Independence affirms separate but equal, as does the constitution when forming Representation.

Separate but equal has been opposed on a case by case basis, and each time for very specific reasons.

Separate but equal is not automatically tossed out.

But, that wouldn't come into play unless domestic partnerships were actually equal. You're right that federalizing it would help by alleviating the reciprocity issues and states that are lagging on domestic partnership rules. Also, yes, employers, hospitals, banks, insurance companies, etc would need to be forced to provide the same treatment for domestic partnerships as they do for marriages. If all that happened nation wide, yeah, that would be pretty comprable.

But why would you support that, but oppose marriage if it's the same thing?

Socially, I want to see child-rearing couples held with higher esteem than childless couples. I firmly assert that couples raising children are genuinely better and more valuable than childless couples. They are not equal, so while couple are entitles to equality under the law, there is no right to be socially equal.


How so? The gay community has been campaigning for adoption applications to be treated equally forever.

They've been using that front as a tool to advance gay-marriage per-se. Raising children has never been pro-gm's top priority.

Why would marriage rights only be available to couples with children? The 'benefits' of marriage almost all pertain with rights you have to join your lot with the person you marry. What does that have to do with children?

The only reason the state has any interest in your relationship to begin with is that you're raising children. Proper education, health, freedom form abuse, all lead to productive citizens. If your relationship is not raising productive citizens, the state has no reason to interfere with your relationship, positively or negatively.

Whoa, lets see some evidence for those claims. Do you have studies or anything supporting that view?

Why are you asking for studies on my perspective? Are my posts and the fact that give you my opinion directly not sufficient to prove that this is in fact how I view the issue?
 
Constitutional right or not, it's none of the Government's damn business.

Ahh very well then, we'll all oppose gay-marriage because it expands an institution which shouldn't even exist.
 
Brown-v-Board of Education found no problem with separate but equal so long as neither was superior to the other.

Incorrect. In Brown v Board of Ed they found that the black and white schools were "equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors:", however they ruled that segregation itself caused inequality because "the policy of separating the races is usually interpreted as denoting the inferiority of the negro group". That is why they ruled that, in education, separate is inherently unequal. The same logic applies to marriage vs. civil unions.

Civil Rights: Brown v. Board of Education I (1954)

Socially, I want to see child-rearing couples held with higher esteem than childless couples. I firmly assert that couples raising children are genuinely better and more valuable than childless couples. They are not equal, so while couple are entitles to equality under the law, there is no right to be socially equal.

You're entitled to your opinion as long as you stick to backing equality under the law.

They've been using that front as a tool to advance gay-marriage per-se. Raising children has never been pro-gm's top priority.

Far out. I've always seen it the exact opposite way. Adoption has always been a lightening rod issue for the anti-gay-rights crowd. It mobilizes antipathy towards gay rights, not support for them.

Why are you asking for studies on my perspective? Are my posts and the fact that give you my opinion directly not sufficient to prove that this is in fact how I view the issue?

No. You were not expressing a subjective opinion, you were making factual claims that gay marriage increases the rates of divorce, juvenile crime, abortion and teen-pregnancy. Those are statistical claims, not opinions. They either need to be supported with evidence or rejected.
 
Ahh very well then, we'll all oppose gay-marriage because it expands an institution which shouldn't even exist.

Which doesn't deal with the reality of the situation, only the wishful thinking that many libertarians engage in. They don't like what already exists so they'll oppose equality even though there's no way in hell what already exists is ever going away.

Guys... meet reality. Might do you some good.
 
Incorrect. In Brown v Board of Ed they found that the black and white schools were "equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other "tangible" factors:", however they ruled that segregation itself caused inequality because "the policy of separating the races is usually interpreted as denoting the inferiority of the negro group". That is why they ruled that, in education, separate is inherently unequal. The same logic applies to marriage vs. civil unions.

Civil Rights: Brown v. Board of Education I (1954)

Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law, for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system.

Again, childless couples are in fact inferior to child-rearing couples. I have no problem discriminating against and segregating childless couples.

You're entitled to your opinion as long as you stick to backing equality under the law.

:prof I'm entitled to my opinion even if I refuse to adhere to your artificial requirements.

No. You were not expressing a subjective opinion, you were making factual claims that gay marriage increases the rates of divorce, juvenile crime, abortion and teen-pregnancy. Those are statistical claims, not opinions. They either need to be supported with evidence or rejected.

Where did I make a gay-specific comment like that?

Quote please?
 
Which doesn't deal with the reality of the situation, only the wishful thinking that many libertarians engage in. They don't like what already exists so they'll oppose equality even though there's no way in hell what already exists is ever going away.

Guys... meet reality. Might do you some good.

I'm ****ing with him, step off.

Sometimes I say **** just to demonstrate to someone how their argument backfires.

"If gay-marriage doesn't affect you then you shouldn't oppose it".

Yeah well ok then if gay marriage doesn't affect me then I shouldn't support it either.

"Right you should just remain neutral"

Very well, I will as long as you do. What's this now? You put it on the ballet? Not very neutral of you. Now you've forced me to take a side, as it's my civil duty to cast a vote, and you only gave me 2 options, yes or no. Hmm which way to go....well the pro-gm side is not addressing the real problems, so I'm going to vote against out of general hostility twords distractions from achieving goals.
 
Again, childless couples are in fact inferior to child-rearing couples. I have no problem discriminating against and segregating childless couples.

You're retreating from your previous stance that childless couples are entitled to equality under the law? Here is what you previously said:

They are not equal, so while couple are entitles to equality under the law, there is no right to be socially equal.

Where did I make a gay-specific comment like that?

Quote please?

Sure:

From my perspective, the current gay-marriage arguments and rationals harm me directly because they perpetuate if not exacerbate the divorce rate and related juvenile crime/abortion/teen-pregnancy rate, which in turn harm the economy.

Are you contending that the arguments in favor of gay marriage are triggering the impact rather than the actual gay marriage? That'll take some explaining, but does not reduce your burden of proof. I'd still need to see evidence supporting that factual claim.
 
You're retreating from your previous stance that childless couples are entitled to equality under the law? Here is what you previously said:

I never said childless couples were entitled to anything.

We might create some legal package or special rights to assist monogamous couples who are not raising children, but that package would not be a right. Such a package would be like a driver's license: 'shall-issue' unless there is reason to revoke it. The state has no interest in promoting couples who are not raising children, and in fact violates that couples right to privacy when it does.

Are you contending that the arguments in favor of gay marriage are triggering the impact rather than the actual gay marriage?

Yes.

In so far as I know, gay marriage itself is benign.

That'll take some explaining, but does not reduce your burden of proof. I'd still need to see evidence supporting that factual claim.

You'll need to tell me what, specifically, you're looking for? I've seen the divorce rate and I've read many and argument claiming that gay-marriage would likly have the same divorce rate.

That's what I mean by "perpetuation". An anti-gm person sites the promiscuity of gay men and is concerned that gay-marriage will increase the divorce rate. Then the pro-gm person argues that gays will have about the same divorce rate as hetero in an attempt to counter the anti-gm argument.

However, "Gays will also have a 50% divorce rate" is a reason to oppose, not support, gay-marriage, because "hetero will also have a 50% divorce rate" is a reason to oppose hetero-marriage as well.

One goal is to lower the divorce rate drastically, so any demographic which will carry that 50% divorce rate is an obstacle to achieving the goal.
 
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I'm fairly certain you can't base a law off of love, or any emotion.

So, in that regard, your definition always falls short.

I'm pretty sure that it is unconstitutional to base laws on having kids to. For example, eugenics.
 
I never said childless couples were entitled to anything.

Technically you said they're "entitles" to equality, but I think you meant entitled ;)

couple are entitles to equality under the law

However, "Gays will also have a 50% divorce rate" is a reason to oppose, not support, gay-marriage, because "hetero will also have a 50% divorce rate" is a reason to oppose hetero-marriage as well.

One goal is to lower the divorce rate drastically, so any demographic which will carry that 50% divorce rate is an obstacle to achieving the goal.

Ah ok. I think I get your argument now. Adding on more marriages which have the same divorce rate wouldn't increase the divorce rate (it would still be 50%), although you're right it would increase the number of divorces.

But, your arguments about why divorces are bad all rely on the notion that there are children involved. A childless marriage wouldn't trigger the consequences you're listing of divorce, so they're irrelevant. So, we're just talking about marriages with children, which you say you support for both same and opposite sex couples. So if you don't want divorces because they hurt the children, and you go from there to saying you don't want marriages because they can end in divorce, then what exactly are you looking for? No children? Or single parents only? Seems like your argument has kind of worked itself into a corner that doesn't make much sense.
 
the government needs to be out of marriage.

separation of church and state rings a bell ?
 
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