View Poll Results: Gay marriage should be legal in America

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  • Yes

    49 35.00%
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    91 65.00%
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Thread: Gay marriage should be a constitutional right in America

  1. #91
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    Re: Gay marriage should be a constitutional right in America

    No. As it should not be a Constitutional right for male/female marriage. It is a State issue.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Your Star View Post
    Thats a separate but equal institution. You can't do that. The only way that would fly is if you took marriage out of the government all together, and only offer civil unions to everybody.
    But the homosexual union itself cannot be marriage because marriage is a union between a man and woman. You can't define apples as oranges because the apples want to be oranges.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by digsbe View Post
    But the homosexual union itself cannot be marriage because marriage is a union between a man and woman. You can't define apples as oranges because the apples want to be oranges.
    Says who? Religion, well the government is separate from religion, and the government can define marriage anyway they want.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Your Star View Post
    Says who? Religion, well the government is separate from religion, and the government can define marriage anyway they want.
    And when the government has a vote and turns to the people, religious beliefs and feelings are equal to secular ones. Most people say they support the "traditional" definition of marriage, not the "Christian" definition of marriage.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by digsbe View Post
    And when the government has a vote and turns to the people, religious beliefs and feelings are equal to secular ones. Most people say they support the "traditional" definition of marriage, not the "Christian" definition of marriage.
    Doesn't matter, if the people voted for Christianity to be the official government religion then that would be shot down by any court also. The majority opinion does not matter in this case.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Your Star View Post
    Doesn't matter, if the people voted for Christianity to be the official government religion then that would be shot down by any court also. The majority opinion does not matter in this case.
    The problem is that very vote is unconstitutional. However, people have every right to vote and hold convictions because of their religious beliefs. The majority opinion does matter. It would be illegal if they wording behind defining marriage was "Marriage is a union between a man and woman because the Bible says so." However, this is not the case. People who hold opinions based on religious beliefs are entitled to those opinions and have every right to vote in regards to their opinions just as much as the person who beliefs that there is no God and therefore all things permissible by society are moral. At the ballot box do people need to check a cube that says "I am religious and my convictions are base don religion, therefore my opinion shall not be valid or worthy of representation"? You can't void someone's vote or opinion because of the source of that opinion/belief.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Your Star View Post
    Says who? Religion, well the government is separate from religion, and the government can define marriage anyway they want.
    Please show where in The United States Constitution - The U.S. Constitution Online - USConstitution.net that the US government has any enumerated power over any marriage.

    Woulda's, coulda's, or shoulda's don't mean ****. The power has to be delegated to the government by the Constitution before the government can exercise any authority over who can marry who.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by digsbe View Post
    The problem is that very vote is unconstitutional. However, people have every right to vote and hold convictions because of their religious beliefs. The majority opinion does matter. It would be illegal if they wording behind defining marriage was "Marriage is a union between a man and woman because the Bible says so." However, this is not the case. People who hold opinions based on religious beliefs are entitled to those opinions and have every right to vote in regards to their opinions just as much as the person who beliefs that there is no God and therefore all things permissible by society are moral. At the ballot box do people need to check a cube that says "I am religious and my convictions are base don religion, therefore my opinion shall not be valid or worthy of representation"? You can't void someone's vote or opinion because of the source of that opinion/belief.
    The problem is not that people are voting because of there religious beliefs, the problem is that the law banning SSM is based on religion. There is no reason besides religion to ban SSM. Logically there is no argument. Laws based on religion are illegal, and thats the fact.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Crunch View Post
    Please show where in The United States Constitution - The U.S. Constitution Online - USConstitution.net that the US government has any enumerated power over any marriage.

    Woulda's, coulda's, or shoulda's don't mean ****. The power has to be delegated to the government by the Constitution before the government can exercise any authority over who can marry who.
    The 14th amendment says that every citizen has equal protection under the law, only allowing heterosexual people to marry is not equal protection under the law.
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    Re: Gay marriage should be a constitutional right in America

    Quote Originally Posted by Crunch View Post
    They are on the federal level, but States have the right to amend their Constitutions however the people of those States decide. The reason the founders limited federal powers were so the States could have different laws depending on what the people wanted for their individual State. If you didn’t like the laws in your State you could move to another State that more closely followed your personal beliefs. If the federal government takes the power to “homogenize every State’s laws it will take that option away from, well, everybody.
    I'll start this off by telling you Crunch my view on same sex marriage, not "gay marriage", is different than many others (only other I see regularly go from this route on this forum is rivvrat). I see it not as a sexual orientation, homosexual thing. I see it as gender discrimination. Men can marry women, but women can't marry women, and vise versa. This is a situation where a class of people that have been proven to be covered by the Equal Protection Clause at the middle-tier of scrutiny are prohibited from doing something others in their broader classification can do.

    So, on that basis, yes I do feel its unconstitutional. I do not feel that any of the arguments voiced in courts so far suggesting why its in the states interest to discriminate with regards to same sex marriages reaches the required evidentiary level of "substantial" evidence to provide the necessary level of state interest, specifically "important" state interest.

    I understand if you agree, but you should be aware of what exactly my argument is and that its different then mosts.

    I still haven't seen any proof of that as of this post.
    Its been shown in numerous threads, including ones you've been involved in, where the courts have found that there is a constitutional right to marriage. Now you may disagree with the courts decision, you may disagree with peoples interpritation of those decisions, but don't act like you don't know what I'm talking about.

    This thread is asking for peoples opinion. Its mine that based on the numerous court cases that are regularly quoted in regards to marriage that its been established constitutionally that there is a "right" to marriage. I don't even necessarily AGREE with said right, but until there's substantial evidence of a case overturning this I'm not going to be an "activist" and ignore constitutional law as created by those the constitution has placed in charge of interpriting it.

    The people of each State have the right to control, or not control marriage as they see fit.
    Save for when said state law is in violation of the constitution.

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