• This is a political forum that is non-biased/non-partisan and treats every person's position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Court: Heart of gay marriage law unconstitutional

Quite a load there. Whether noble or voluntary, if a state college allocates admission based not only on merit but uses a racial/ethnic preference

College admissions are not based upon merit, but upon compliance (i.e. grades, ability to afford expenses related to higher education before and during college, etc.). Competitive-admissions / "selective" colleges routinely REJECT the MAJORITY OF QUALIFIED APPLICANTS, period. Furthermore, grade and test score applicants are not more vs. less qualified than each other; they are either qualified (based upon comparing their scores and grades to minimum requirements) or not. For example, if applicants must have a 2.5 GPA or higher to apply, it is NOT the case that a student with a GPA of 3.8 is more qualified than one with a 3.4. They are both simply qualified, period.

This would normally be the point where I being to explain that different groups of people (facing dramatically different obstacles) reaching the "same" standards is actually not a case of parallel achievement (those facing systemic obstacles have actually weathered and achieved MORE), but based upon your posts thus far I'm doubtful you're ready to hear that.

Much as with jobs, the only way to know for sure if someone is qualified on grounds of merit is to admit or hire them first, and then look at their performance over time. This is absolutely NOT how the vast majority of college admissions or hiring processes actually work. Instead, there's a big game of make-believe where applicants and employers/colleges all pretend that grades reliably indicate competence, that ability to pay for things is equivalent to being able to do things (and conversely that being unable to afford them means being unable to do them), etc.

then it CREARLY results in greater or equally qualified studends NOT getting accepted based on only being of the majority racial or ethnic group, that is NOT EQUAL PROTECTION.

This may be a shocker to you, but admissions processes are not now meritocratic, and (in the context of the United States, at the very least) they never have been. Have you ever stopped to consider the fact that BEFORE school integration, and BEFORE piecemeal, lukewarm efforts at systemic inclusion (like AA), the admissions system wasn't meritocratic either?

Just beacuse something is voluntary or seems right does not make it so

I never equated voluntary with "right." My point, rather, was that there is a huge difference between AA and anti discrimination law...a difference almost all of the opponents of AA (or rather, the opponents of what is falsely misunderstood to be AA) either don't know about or deliberately ignore.

UNLESS, as you said, there is a court order to do so.

If a court ordered it...it is a matter of anti discrimination law. Your ignorance is showing.


To assert that voluntary reverse discrimination

There is no such thing as reverse discrimination. It's a conservative fantasy used to soothe any lingering doubts about casually pretending away massive white and male privilege. As described above, if you are genuinely concerned with people not getting into college per se, then I'd refer you to the fact that selective colleges routinely turn away the majority of qualified applicants OF ALL "RACES" AND GENDERS. If you really want all willing and qualified students to go to college, you have much bigger fish to fry than the phantom of the Poor Little (Paranoid) Persecuted White Male.

is a price that morally (not by court order) "must be paid" ignores reality

Indeed, it ignores reality, though not in the way you are suggesting. Rather, the ignorance is on at least two fronts:

First, by framing AA as a "price" paid by white men...as if they are losing something they are presumptively entitled to. That's rather odd...I though the idea of admissions and hiring processes was that it was NOT known ahead of time who is going to be admitted or hired. Silly me.

by attempting to fix 150 years of difference in 15, and using your argument to show 'qualified' has also caused the 'qualifications' to be drastically altered (usually simply reduced, but called "fair") to assure that a predetermined outcome (proportional representaion by race) will, in fact, occur.

You are once again showing ignorance. Institutions may not be required to hire or admit X number of ANYTHING until and unless they first are tried and LOSE in an anti discrimination lawsuit. You don't seem to fathom what that means. It means that if you encounter one of the spectacularly rare institutions bound by such a ruling, it is because that institution was found guilty of having committed racist and/or sexist discrimination in its practices.

AA is not anti discrimination law.
AA is not a quota system.

Quotas may only be required as the result of losing an anti discrimination lawsuit.

You obviously don't care about the rest of the 'unequal' examples I gave

You're getting ahead of yourself. I care about many forms of inequality. My confidence in your ability to reason, and to differentiate between propaganda and facts, however, isn't particularly high at the moment. Show me a better side of yourself, and perhaps that might change, but you're not representing yourself or your stance especially well thus far.

In fairness, I've found that rightist libertarians in particular have especially strong ideological blindnesses when it comes to anything operating above the level of the individual, and since efforts at remedying systemic discrimination ALL operate at above the individual level, it's hardly surprising that you're having such difficulty recognizing what's actually going on. What is not excusable, however, is taking preposterous rhetoric against AA at face value, which is something you have clearly done.

ETA: It may surprise you to discover that I'm actually deeply critical of AA, but for radically different reasons. Basically, it's too timid, too easy to weasel out of, and those most frequently called upon to implement it are rarely held accountable for managing AA programs and policies effectively. At the very least, however, I insist upon having an accurate understanding of something before I criticize it...and sadly most opponents of AA aren't there yet (and may never be, at the current pace).
 
Last edited:
How about the desire for sexual reproduction, clearly a state interest by increasing the population/tax base.

Well, since the federal government recognizes many opposite sex marriages that cannot or will not ever have children because they can't or just don't want to, this argument fails. And it fails more in the fact that the US government even recognizes those marriages where the state only allows the couples in question to legally marry if they cannot procreate.
 
Then you would be wrong, especially in light of SS/Medicare. Economies depend on growth as well to expand the market base.

You would be wrong. SS benefits for the spouse are based off the fact that the spouse was in the life of the other, likely doing the household work or something else for the marriage and did not earn enough for that fact to qualify for their own SS benefits. So then they are seen to actually have earned the right to have some of their spouse's SS because of the nature of many marriages, particularly ones involving only a single-income, where one spouse takes care of the domestic duties and the other works to pay the bills.
 
Then what compelling state interest is served by giving tax breaks to the married? Does that then not amount to simple discrimination against the non-married, if no compelling state interest is served by that discrimination? What compelling state interest is served by the taxation of those too young to vote (taxation w/o representation)?

Stable families, even those that just involve two adults, benefit our society. You don't need to have children to benefit your community. Even the Army did a study that showed married soldiers, even those without children are much more likely to be productive and "settled" than their single counterparts.
 

I imagine by now the thread has been thoroughly derailed, so I won't bother reading it. I'll just say that this is wonderful, although not unexpected, news. DOMA is the final anthesis to the equality on which our nation was founded, so I'm thrilled by the ruling. I'm not as confident that SCOTUS will uphold the ruling as Dana is, but my hopes are nonetheless high!
 
Invoking morality to impose one's preferences would be a recipe for totalitarianism. Using often abstract and subjective concepts to impose one's preferences would be no more beneficial to a free society than advocating the opposite extreme of abolishing all laws whatsoever.
It seems to me that free society cannot exist without "abstract and subjective concepts" and the imposition of a moral code. It is "do onto others" morality - respect for others - that provides the basis for laws against rape & murder, respect for property, etc.
 
It seems to me that free society cannot exist without "abstract and subjective concepts" and the imposition of a moral code. It is "do onto others" morality - respect for others - that provides the basis for laws against rape & murder, respect for property, etc.

Well since legal same sex marriage doesn't violate any of those things you mentioned , what's the problem?
 
But without financial reward there would be far, far less of them. Look at the statistics for out-of-wedlock childbirth after AFDC.

Yes, people who hate each should stay together because they are forced to. That would fix alot, and society would be better. But, before explaining what a causal fallacy is, divorce and desertion will happen no matter the policy. So, it helps society to make sure we don't have children and women to distitute.
 
As was your argument that adding SSM will somehow promote stability in society.

No that was my argument, and not a strawman. I can provide definitions if that will help.
 
Even if this is true, they still have to work within the constructs of the law, and arguing on the basis of discrimination against homosexuals IS the weaker course.




:shrug: Tell that to those who have insisted that the rulings have been about gender discrimination, and not discrimination against homosexuality.

See, I don't see anyone not arguing that. Gender is an issue with homosexual marriage because you marry someone of the same gender. But the core, and again I think everyone knows this and that it is part of the legal argument, is discrmination against homosexuals.
 
Reproduction is not a legal requirement of marriage in any state, and same sex couples can and do have children.
Neither of which would preclude a state interest in reproduction.
 
Neither of which would preclude a state interest in reproduction.

Nor does one interest mean that it is the only interest or that others are not important to the state. ;)
 
Neither of which would preclude a state interest in reproduction.

They would if they are trying to say that it is the interest they are trying to further by restricting marriage based on sex because they prove that the ban would do absolutely nothing to truly further that state interest and that they aren't willing to treat opposite sex couples in the same manner in furthering that state interest.
 
I'm pretty sure they will, there is already precedent for such a thing. Like Red brought up the arguments for Loving v Virginia apply to SSM cases as well.
In reality, the opposite is true. Existing SC precedent suggests that Loving v Virginia does not provide an adequate basis for claiming an equal protection violation with respect to SSM.

That is, the same court that decided Loving v Virginia was presented with your argument for SSM just a few years later and did not see sufficient merit in it, dismissing the case outright.
 
How about a couple thousand years of human history, that worked out pretty well compared to the last century and a half which hasn't.

In your opinion. You always forget that little disclaimer when you post crap like you just did.
 
They would if they are trying to say that it is the interest they are trying to further by restricting marriage based on sex because they prove that the ban would do absolutely nothing to truly further that state interest and that they aren't willing to treat opposite sex couples in the same manner in furthering that state interest.
Not sure I follow. Whether or not something "furthers" a state interest does not invalidate it. A state interest does not imply that the state is obligated to do everything in its power to ensure that people who marry can reproduce.
 
How about the desire for sexual reproduction, clearly a state interest by increasing the population/tax base.

Procreation is not really relevant in the state interest in marriage. REARING of children is. Research shows that married couples, regardless of sex or sexual orientation, do best in the rearing of couples. Anyone with working equipment can procreate.
 
Last edited:
Procreation is not really relevant in the state interest in marriage. REARING of children is. Research shows that married couples, regardless of sex or sexual orientation, do best in the rearing of couples. Anyone with working equipment can procreate.

We can say it a thousand times and some people still won't listen.
 
In reality, the opposite is true. Existing SC precedent suggests that Loving v Virginia does not provide an adequate basis for claiming an equal protection violation with respect to SSM.

That is, the same court that decided Loving v Virginia was presented with your argument for SSM just a few years later and did not see sufficient merit in it, dismissing the case outright.

I was not aware of such a case, and besides all you have to do is look at the date and know what the decision is there if such a case exists.

And yes Loving v Virginia does set precedent for SSM, it sets marriage as a fundamental right, and all you have to do is change race to gender and you have the 14th case locked up.
 
Well since legal same sex marriage doesn't violate any of those things you mentioned , what's the problem?
I suppose the problem is that proponents haven't yet convinced enough people in most states to pass it into law. They were making good progress in winning public opinion, but seem to have put the car in reverse when the emphasis shifted from convincing their communities to convincing the courts.
 
Neither of which would preclude a state interest in reproduction.

The state has an "interest" in reproduction? What evidence do you have that would remotely suggest this?
 
The state has an "interest" in reproduction? What evidence do you have that would remotely suggest this?


How about social security, which was based on the reproduction rates at the time of inception?
 
Back
Top Bottom