Started By
Message

re: The implications of the forced gay marriage legislation

Posted on 9/8/14 at 10:17 am to
Posted by the808bass
The Lou
Member since Oct 2012
128779 posts
Posted on 9/8/14 at 10:17 am to
I'm not giving up pragmatically. If you reread my posts, I agree that homosexual marriage is Constitutional by our current understanding. I don't have a problem with that. My marriage isn't affected by gays getting hitched. And my kids are in private school so they're safe from the propaganda.

And I, philosophically, don't have to give up because you're not very good at this.
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 10:17 am to
quote:

Sexuality isn't a factor in the Constitutionality of same sex marriage.


But it is a factor in the legality of marriage? Constitutionality is our base form of legality. There's no divergence between constitutionality and legality. All laws must be constitutional. This is beyond splitting hairs, this is diluting the argument to semantics.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 10:19 am to
Speaking in terms of population, sexuality is an inevitable part in the tradition of marriage. In individual terms, sexuality is as much or as little a factor in marriage as decided upon by any individuals who are married to each other.

Back to your original point. Can you name a single piece of legislation about same sex marriage that as been forced?
This post was edited on 9/8/14 at 10:20 am
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 10:22 am to
quote:

you're not very good at this.
Irrelevant. It is either Constitutional or Unconstitutional for our Government to ban citizens from signing licenses solely based on their sexes. Clearly it is Unconstitutional, and the only judge recently who has dissented inserted into the 14th Amendment text that does not exist.
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 10:23 am to
quote:

In individual terms, sexuality is as much or as little a factor in marriage as decided upon by any individuals who are married to each other.
Again, it is a legal factor, even in individual terms. I've no doubt that the sexual habits and proclivities of straight married couples is highly varied - different people have different arrangements. But, according to the law, sexuality toward your partner is required.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 10:28 am to
quote:

Again, it is a legal factor, even in individual terms. I've no doubt that the sexual habits and proclivities of straight married couples is highly varied - different people have different arrangements. But, according to the law, sexuality toward your partner is required.
This has nothing to do with whether or not it is Constitutional to ban citizens from signing licenses based solely on their sexes.
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 10:31 am to
quote:

Back to your original point. Can you name a single piece of legislation about same sex marriage that as been forced?
This has been discussed ad nauseum.Basically I'm being misinterpreted, and people are assuming I don't understand the Constitution. An individual or individuals are appointed by elected officials, and these appointees are largely the ones creating the legislation. I'm not arguing whether this is in line with our Constitutional framework, it obviously is. I'm saying that this legal legitimate Constitutional framework allows activist individuals to force legislation on an unwilling populace. We have seen throughout American history on the entire gamut of issues. The "forcing" is not an issue of whether it's legal in our Constitution, but whether it's in line with American ideals of democracy.
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 10:33 am to
quote:

This has nothing to do with whether or not it is Constitutional to ban citizens from signing licenses based solely on their sexes.
The license is not solely based on sex. It is based on sexuality. Without sexuality, the license is null. This is what I'm saying.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 10:40 am to
quote:

An individual or individuals are appointed by elected officials,
Right. Judges.
quote:

and these appointees are largely the ones creating the legislation.
Can you point to a single piece of legislation that was written by a sitting judge?
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 10:42 am to
quote:

The license is not solely based on sex. It is based on sexuality. Without sexuality, the license is null. This is what I'm saying.

There are 13 states whose marriage laws contain text regarding consummation. In every state, it is legal for two parties to marry where it is universally understood that there will be no consummation taking place (the elderly, for example).
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 11:01 am to
quote:

In every state, it is legal for two parties to marry where it is universally understood that there will be no consummation taking place (the elderly, for example).
This wasn't understood by me. I'm assumed old people were fricking too.


Joke aside, it's valid. Invalids, the disabled, those incapable of sex are still granted marriage license.

I think the gay marriage rights need to clarify their agenda. A legal all-encompassing definition of marriage HAS to be made, otherwise the entire institution falls apart. We can all agree they must be consenting adults. I would also hope their definition would specify they are non-related, and limit it to two people. From what I've seen there's not much clarity on this. Some gay marriage activists just say "any people who love each other is no one else's business." Well, no. There must be some exclusivity, I would hope, or the institution would be severely devalued and anarchic and eventually would cease to exist.
This post was edited on 9/8/14 at 11:03 am
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 11:11 am to
quote:

I think the gay marriage rights need to clarify their agenda.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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.

^^^That.
quote:

Some gay marriage activists just say "any people who love each other is no one else's business."
Right. This is irrelevant to the Constitutionality of a same sex marriage ban, and the pro-marriage crowd, I would opine, has slightly hindered its movement by being misguided here. Nobody is challenging the rights of people to have homosexual sex, homosexual romance, or homosexual relationships. The only issue is whether or not two consenting adults have the right to marry each other regardless of their two sexes.

Marriage is a natural right; the Supreme Court has issued 14 rulings in its history (maybe more) referring to marriage as a basic, human right. Due process and equal protection under the law is a Constitutional right ratified by all 50 states. "You can't sign here because you are a man and not a woman," for example, violates that Constitutional right and inevitably abridges the basic, human right of marriage.
quote:

There must be some exclusivity, I would hope, or the institution would be severely devalued and anarchic and eventually would cease to exist.
Your "two consenting, non-related adults" way works just fine.
This post was edited on 9/8/14 at 11:13 am
Posted by genro
Member since Nov 2011
62613 posts
Posted on 9/8/14 at 11:17 am to
quote:

Your "two consenting, non-related adults" way works just fine.
There's another thread on here where other gay marriage activists don't agree with you. They tacitly support non-abusive polygamy, and even incest provided the incestuous couple can't procreate. I've heard the argument before. Obviously you're not making it and I'm not gonna strawman you and tell you to defend it. Just pointing out that there are serious divergent issues within the gay marriage group, among people you think agree with you
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 11:30 am to
quote:

They tacitly support non-abusive polygamy
I have no problem with it, but a ban on polygamous marriage isn't a violation of the due process clause of the 14th Amendment, whereas banning marriage solely on the sexes of the two parties is so.
quote:

and even incest provided the incestuous couple can't procreate
Also not a violation.
quote:

Obviously you're not making it and I'm not gonna strawman you and tell you to defend it. Just pointing out that there are serious divergent issues within the gay marriage group, among people you think agree with you
Don't get me wrong. I think the majority of the pro-marriage group is at least slightly misguided. "Love Wins!" for example, is the victory cry for a lot of people when a ruling goes in favor of marriage, and while such a positive exclamation isn't particularly harmful, the fight isn't for love; it is for rights.
Posted by the808bass
The Lou
Member since Oct 2012
128779 posts
Posted on 9/8/14 at 11:31 am to
quote:

They tacitly support non-abusive polygamy, and even incest provided the incestuous couple can't procreate.

And if marriage is simply a contract, then there's no basis to limit it to two people. There's really no reason it couldn't be 2 dudes and 3 chicks. That's not said offhandedly, it's a big discussion in family law and legal theory.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 11:43 am to
quote:

And if marriage is simply a contract, then there's no basis to limit it to two people. There's really no reason it couldn't be 2 dudes and 3 chicks. That's not said offhandedly, it's a big discussion in family law and legal theory.
Someone propelling this movement is hindered by the fact that a polygamy ban is not a violation of the 14th Amendment. "There are too many of you to sign this contract" is not unconstitutional. "You can't sign this contract because you are a woman" is unconstitutional.
Posted by JEAUXBLEAUX
Bayonne, NJ
Member since May 2006
55375 posts
Posted on 9/8/14 at 11:45 am to
Forced? People asking for rights is forced? No taking away rights from some by force is wrong.
Posted by the808bass
The Lou
Member since Oct 2012
128779 posts
Posted on 9/8/14 at 12:01 pm to
quote:

Someone propelling this movement is hindered by the fact that a polygamy ban is not a violation of the 14th Amendment. "There are too many of you to sign this contract" is not unconstitutional. "You can't sign this contract because you are a woman" is unconstitutional.

Which is irrelevant once the train gets going. Once you break taboo, you don't get to decide where it stops.
Posted by ballscaster
Member since Jun 2013
26861 posts
Posted on 9/8/14 at 12:09 pm to
quote:

Which is irrelevant once the train gets going. Once you break taboo, you don't get to decide where it stops.
Correct, which is why it's good that the taboo of violating people's natural and Constitutional right to marry is being mended, state by state, by the 14th Amendment. Once you ban people from getting married because of the sexes of the consenting parties, who knows what might be banned next? You gotta admit, it's a slippery slope.
Posted by the808bass
The Lou
Member since Oct 2012
128779 posts
Posted on 9/8/14 at 12:11 pm to
Cute.
first pageprev pagePage 9 of 10Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on X, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookXInstagram