Marriage Debate

Of course it's not what I'm saying. How you arrived at that absurd conclusion is quite beyond me. In the case you cite, they are discriminating against the individual owners/inhabitants of the house, and the relationship between the owners/inhabitants of the house is immaterial. It's absurd because nothing about my argument suggests that a grouping of citizens can DEPRIVE them of any rights they hold individually, which is what your scenario requires in order for the police to act that way.
No. In the example I cite, they are discriminating against my wife and I as a couple because of an activity we do as a couple.

And access to the water utility is not a right, it's a privilege. One that can most commonly be taken away when one does not pay ones bill.

Do you understand the parallel and absurdity of it now? In my analogy, the city withholds the privilage of the water utility based on something my wife and I do as a couple, perhaps in the privacy of our own home, namely dancing. Compare to your assertion that the state can withhold the privilage of marriage based on something a couple does as couple in the privacy of their own home.

Let's look at your original claim again:

Ziggurat said:
The only claim on discrimination here is to couples, not individuals, but the government is not under any obligation to treat every group of citizens equal protection, only every individual citizen equal protection.
You're saying that discrimination against a group does not mean discrimination against the individuals in that group, correct? What is your justification for this? When, throughout history, has a group been discriminated against that was not also discrimination against the individuals of that group?

And what exactly is the basis for homosexuals to be discriminated against? It cannot be procreation, as you have claimed. There are heterosexual couples who exist under the same physical constraints as homosexual couples that prevent them from being able to conceive (namely, simply not having all the required parts), and yet the heterosexual couples are allowed to marry. The only difference is that one group is homosexual and one is not.

How is that not discrimination against homosexuals?

You've claimed that it is a matter of privacy that prevents the government from investigating heterosexuals' ability to have children, but why is ability to conceive not a matter of privacy for homosexuals? Yes, there are physical impediments, but if that is none of the government's business for heterosexuals, why is it for homosexuals?

How is that not discrimination against homosexuals?

You've agreed that a homosexual couple can perform all but 9 months of the required time involved in procreation (that's only about 4%) which, again, is only the same amount that some heterosexual couples can perform. And yet, this 4% is enough for you to deny the privilage to homosexual couples and not the heterosexual couples who are in the same boat.

How is that not discrimination against homosexuals?

In all cases, you have presented a double standard. Given two couples with the exact same capabilities and talents, you would let one get married if they were a heterosexual couple and not let the other if they were homosexual. The only difference is the couple's sexual orientation.
 
Actually, that isn't true. Marriage has not always been between a man and a woman. In many societies forms of so called gay marriage were condoned and considered an acceptable part of society. Also, many societies practiced plural marriages.

So, to define marriage as always having been this, that or the other thing is absurd. Society is changing and in most cases for the better of all of society - we are more tolerant and more accepting, and that makes us a better, stronger society, IMO. Marriage as an institution needs to make that change with society, or it becomes meaningless.

If we desire true equality amongst peoples, then we must permit the same rights for everyone no matter what the color of their skin or what other consenting adults they chose to share their lives with. Bigotry is bigotry, no matter what fancy arguments it tries to hide behind.

Opponents of same-sex marriage are called either bigots or Nazis.

If disapproval of same-sex marriage is analogous to Nazism, then I suppose we live in a nation where the majority of the voters -- and apparently both major candidates for President last election -- are tantamount to Nazis.

This is the tactic of a scoundrel, casting anyone who disagrees with him as a Nazi.
~ an excerpt from a post in a blog about same-sex marriage
 
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I'm a naturalized citizen, and I happen to be gay. I've been in a long-term relationship with my partner for about a decade. Had my partner been a woman, we would have married, and I would have been eligable for citizenship after three years with a green card. Since DOMA says my relationship with my parner must be sternly ignored in all federal matters, I had to wait five years before I could apply for citizenship.

Why is this fair? What interest of the state is served by this?

ETA: my partner was born a citizen, just to be clear.
 
This procreation argument is silly anyway. Even if they showed that the government had an interest in marriage because of "procreation", how the crap would allowing same-sex couples marry do anything to harm that? Would heterosexual couples stop having babies if gay people were allowed to marry?

It is actually not silly, ken, when you look at it for what it is. Right now, married couples get a few benefits in our society. The procreation argument is an attempt for them to justify the idea that heterosexuals should get those benefits and homosexuals should not. I don't agree, but it is a decent rationalization I guess...
 
No. In the example I cite, they are discriminating against my wife and I as a couple because of an activity we do as a couple.

The courts DO NOT CARE that you are a couple for that question. It is IRRELEVANT. If acting against ONE of you in that manner is discriminatory, that cannot and DOES NOT change because you're a couple. Jeeze, how many times do I have to say this: individual rights do not and cannot disappear because you are part of a group. Individual rights is what the constitution is all about.

And access to the water utility is not a right, it's a privilege.

Wrong. It is property. YOUR property, which you have lawfully acquired through contract with utility companies. Man, are you getting the constitutional issues spectacularly wrong.

One that can most commonly be taken away when one does not pay ones bill.

Because of a violation of contract terms with the water company. For the same reason, property can be seized to pay debts, but it cannot be seized because the police don't like you.

Do you understand the parallel and absurdity of it now?

I understand the absurdity, all right. Too bad you don't understand the constitution.

In my analogy, the city withholds the privilage of the water utility based on something my wife and I do as a couple, perhaps in the privacy of our own home, namely dancing.

Wrong: the city infringes upon a contract you had with the utility company, violating your property rights. It is a property question, NOT a privilege question.

Compare to your assertion that the state can withhold the privilage of marriage based on something a couple does as couple in the privacy of their own home.

Uh, no. The legal issue has NOTHING to do with what the couple in question actually does, but what the couple is. That's a damned important distinction, and you missed it. It's like you're getting more and more confused as time goes on.

You're saying that discrimination against a group does not mean discrimination against the individuals in that group, correct?

Not exactly. It's really discriminating against a grouping. Absent the particular marriage, there is no difference in treatment of the individuals involved.

When, throughout history, has a group been discriminated against that was not also discrimination against the individuals of that group?

Groupings of siblings are also discriminated against: they can't marry either. But the individual siblings involved do not have any less rights than single children, for example.

And what exactly is the basis for homosexuals to be discriminated against?

But legally speaking, they aren't. There is NEVER a test of sexuality involved. I keep saying that, and you keep ignoring it. And you wonder why I say you don't get the argument?

It cannot be procreation, as you have claimed.

Wrong, as I've already stated. You put forward an argument as to why procreation is likely not the ONLY interest involved, but nothing you say here indicates that it is not an interest.

You've claimed that it is a matter of privacy that prevents the government from investigating heterosexuals' ability to have children, but why is ability to conceive not a matter of privacy for homosexuals?

Nonsensical question. It doesn't matter if a same-sex couple is fertile or not: they cannot create children on their own under ANY possible conditions. That creates a difference, which the state is aware of without any invasion of privacy. And note again: you refer to sexuality, but that's never the test, sex is.

In all cases, you have presented a double standard.

Uh, no. Time and time again, you have demonstrated that you neither understand the argument I'm making, nor even basic constitutional law.

Given two couples with the exact same capabilities and talents, you would let one get married if they were a heterosexual couple and not let the other if they were homosexual. The only difference is the couple's sexual orientation.

Once again, sexuality is NOT the test here: sex is. And you're completely wrong that they have the exact same capabilities: the same-sex couple can NEVER conceive a child on their own. That is a DIFFERENCE, regardless of whether or not there are ways around it.
 
Jeeze, how many times do I have to say this: individual rights do not and cannot disappear because you are part of a group. Individual rights is what the constitution is all about.
We're not talking about a right. We're talking about access to a privilage.

Wrong. It is property. YOUR property, which you have lawfully acquired through contract with utility companies. Man, are you getting the constitutional issues spectacularly wrong.
Okay, fine. Let's modify the hypothetical so it is more appropriate: Let's say the city does not allow my wife and I to receive city water in the first place because of how we dance. No contract was made, so none was broken.

Is that a better analogy?

Uh, no. The legal issue has NOTHING to do with what the couple in question actually does, but what the couple is. That's a damned important distinction, and you missed it. It's like you're getting more and more confused as time goes on.

{snip}

Not exactly. It's really discriminating against a grouping. Absent the particular marriage, there is no difference in treatment of the individuals involved.
Again, I ask: how is that not discrimination against the individuals?

Let's say the state did not allow a mixed race couple to get married because of what the couple is. Are you saying that is not discrimination because each person is fully capable of marrying someone of their own race?

Groupings of siblings are also discriminated against: they can't marry either. But the individual siblings involved do not have any less rights than single children, for example.
This is true.

But legally speaking, they aren't. There is NEVER a test of sexuality involved. I keep saying that, and you keep ignoring it. And you wonder why I say you don't get the argument?
Then what, would you say, prevents two men from walking into the local court house and obtaining a marriage license?

Wrong, as I've already stated. You put forward an argument as to why procreation is likely not the ONLY interest involved, but nothing you say here indicates that it is not an interest.
I thought I had asked this already, but apparently your answer was not complete.

What is your argument against gay marriage?

Nonsensical question. It doesn't matter if a same-sex couple is fertile or not: they cannot create children on their own under ANY possible conditions. That creates a difference, which the state is aware of without any invasion of privacy. And note again: you refer to sexuality, but that's never the test, sex is.
It may have been a nonsensical question, but you didn't answer it. I'll ask again:

If it is a matter of privacy that prevents the government from investigating heterosexuals' ability to have children, why is ability to conceive not a matter of privacy for homosexuals?

Now, pay very close attention to this before answering: The point that you missed is that even if it were plainly obvious that a heterosexual couple could not have children, they would still be allowed to get married because it is none of the state's business whether or not they have the ability to have children. Yet, homosexual couples are not afforded that same level of privacy even though it is also plainly obvious that could not have children (at least not without technological assistance).

Now, please answer: Why are homosexuals not allowed the same level of privacy as heterosexuals?

Once again, sexuality is NOT the test here: sex is. And you're completely wrong that they have the exact same capabilities: the same-sex couple can NEVER conceive a child on their own. That is a DIFFERENCE, regardless of whether or not there are ways around it.
Stoping hearing what you think I'm saying, and listen to what I'm actually saying.

I'll say it again, with emphasis:

Given two couples with the exact same capabilities and talents, you would let one get married if they were a heterosexual couple and not let the other if they were homosexual. The only difference is the couple's sexual orientation.​

By "exact same capabilities", I literally mean that both the heterosexual and homosexual couple can NEVER conceive a child on their own. Yet, despite this fact, the heterosexual couple can marry and the homosexual couple can not. Now please explain to me what the difference is between these two couples and why the benefits of marriage should be afforded to one, but not the other.
 
I was sterile when I married my husband. Did we break a law or something?
No one asked us if we were planning to have kids. But still, we cannot reproduce. I guess we'll have to get divorced now, since we can't contribute to society in any meaningful way.

Darn. And I really like him a lot.
 
I've just read this article, I am presenting it purely on face value as I haven't researched any part of it or attempted to verify the facts it claims: http://www.drizzle.com/~slmndr/salamandir/pubs/irishtimes/opt3.htm

(ETA) The primary source for the article appears to be the same Boswell referenced in Meadmaker's post above.


I figured it out.

The reality of gay marriage has been with us for thousands of years, but the knowledge of it has been suppressed for some time, leaving only oblique references in artwork and literature.

Modern research has confirmed this ancient secret that has heretofore escaped notice, uncovering a deep respect for the “sacred effeminate” that dates back to Jesus’ time. Influenced by Greek ideals of Platonic love, Jesus himself preached this idea, but was persecuted for it, and the Emperor Constantine’s sons, in their Codex made such gay marriages, which had been legal for ages, illegal, and set out to erase memory of it from all references they could.

Nevertheless, the secret was kept alive by a secret society known as the Priory of San Francisco. Leonardo Da Vinci, previous grand master of the priory, left clues in “The Last Supper”. The figure to his right has traditionally been considered John, who the bible calls “The One that Jesus Loved”. But look at the painting. John is so effeminate that some have suggested that this was actually a woman. Presumably, that was part of the plan, when the reality is that it was in fact, John, who was in fact, gay. Just like Jesus.

The teachings of Jesus have been driven underground, but the Priory of San Francisco is preparing to reveal their most closely guarded secret. Jesus’ true teaching was that sex, marriage, and procreation are all separate. The pursuit of true love, independent of procreation, is the highest ideal of man, but it could not be realized until the secret of artificial insemination was discovered. This was done, and descendants of Jesus have been conceived this way in an unbroken line from his time to ours. The most recent in the line is an art critic for “The Village Voice”.

And this is the great secret of our time. It is the nature of the Holy Grail. The Holy Grail is not a cup, but it is a vessel. It is the womb of Mary, the mother of Jesus, who conceived a child by artificial insemination, or, to use the phrase of the Gospels, by Virgin Birth.

Bestselling book coming soon.
 
....But still, we cannot reproduce. I guess we'll have to get divorced now, since we can't contribute to society in any meaningful way.....

All things are possible with God...........

Isaac was forty years old when he married Rebekah, the daughter of Bethuel the Aramean of Paddan-aram and the sister of Laban the Aramean. Isaac entreated the LORD on behalf of his wife, since she was sterile. The LORD heard his entreaty, and Rebekah became pregnant. But the children in her womb jostled each other so much that she exclaimed, "If this is to be so, what good will it do me!" She went to consult the LORD, and he answered her: "Two nations are in your womb, two peoples are quarreling while still within you; But one shall surpass the other, and the older shall serve the younger."

Genesis 25: 20-23
 
There really isn’t any test of sexuality in the obtaining of a marriage license. The government doesn’t check to see if you are homosexual or not. The government only cares about which set of jiggly bits you and your partner have. Male A can marry Female A or Female B, Male B can marry Female A or Female B, but Male A cannot marry Male B, regardless of sexual preferences. They can all be straight, they can all be gay, but the government decision on who can and can’t get married is based solely on what jiggly bits they have.

As soon as you are born and the doctors see whether you have a wang or a hoo-hah, your ability to marry half the population of the planet Earth is curtailed based solely on physical characteristics that you have no control over (excluding the entire tran-sexual thing).
 
My husband and I didn't have children for the first 19-1/2 years of our marriage. And then, a miracle occurred. I had a six-year old!

Of course, the miracle involved money, travel, and allowing complete strangers from various government agencies to pry into my private life, inspect my home and fingerprint me twice to ensure I was neither wanted by the FBI or Homeland Security, but GOD answers every prayer.

[/sarcasm, in case you couldn't clue in on it]
 

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