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How do you justify gay marriage without justifying incest?

Correction: Most known perpetrators of unwanted incest are male. There are strong indications that female-initiated incest, particularly of the female/female variety, are dramatically underreported; much the same way that other forms of child abuse by females have been until very recently.
Goes for all kinds of abuse and harassment carried out by women, doesn't it? If I was to pinch a girl in the butt in a bar, chances are she'd slap me in the face and have me thrown out. Reverse the scenario, with a girl pinching me, and suddenly nobody cares (unless I slap her - then I'm thrown out for being violent).

Society is growing more mature when it comes to abuse of women, which is great. It tends to forget, though, that girls, too, can be "bad guys".

Ad homs are noted. Now do you actualy have a case?
Look, I hate to say it, but I agree with geni here. There's absolutely no reason to attack others for their poor spelling or grammar unless it's really bad (ie. making the text hard to read and comprehend), but even then, I'd prefer a more polite approach.
 
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I have no problem with incestuous marriage. There's no slippery slope in my mind, the distinction of allowable marriage is:

<the parties must be capable of informed consent>

That's it. Allowed under that are:

*polygamous marriage
*incestual marriage
*heterosexual marriage
*homoesexual marriage
*any-sexual marriage

Things disallowed, because of the informed consent restriction are:

*child marriage
*animal marriage
*comatose/totally insane/other states of being incapalbe of consent marriage

Remove the "marriage" bit and that's how I view what sexual relations should be legal too. If two brothers or a woman and five men or a man and five women want to get married, and all know exactly what they're doing, how on earth does that cause real harm to anyone else? It doesn't.

This would still allow marriage of someone who is capable of informed consent but hasn't given it. Are you really in favour of permitting forced marriage?
 
Safekeeper,

The whole "argument" was based on a derail over an opinion I had that I think is well supported by facts. It wasn't about the OP. And I think it's more than obvious that no matter how many examples of women who are defy the norm... males are by far the people who are the most likely to be "driven" by incestuous feelings than women. Most people find incest with 1st degree and 2nd degree relatives --icky and abhorrent. But those who are known perpetrators of such an act despite a less than willing partner-- are much more likely to be men... while victims of such activities are much more likely to be women. Look, I know of a brother who demanded his sister give him oral sex in exchange for her drug fix. It seems so gross... and I'm sure this happens more than I am aware of between brothers and sisters... somehow I doubt even one percent of such cases involves the sister requesting sex in exchange for drugs.

I'm not going to derail and I don't care to argue as to degrees of prevalence.

And geni's whole point was a straw man. If it makes sense to you, feel free to argue it. I prefer a more intelligent on topic discussion based on the OP and what was actually said. I have no patience for straw man arguments regarding things I never said. It's Clausian and childish. Of course, I have no qualms with others indulging. I just prefer a different level of discussion with a different caliber of people. I'm sure everyone prefers to discuss things with those who understand them or can make sense of what they are saying.

As far as I'm concerned this is a conversation based on a straw man that has no point and is a derail from the OP. I have no interest in discussing why some people imagine I"m saying something I didn't say nor why some people believe that women are just as likely to have incest compulsions as men. I don't think marriage is an "incentive"-- I thought it was a right that consenting people get to engage in for which there are social and contractual benefits.

For whatever reasons, assorted states have laws that forbid incest. I don't think most people have a problem with these laws and I doubt there are a huge mass of incest couples seeking legal marriage. There are, apparently, a lot of gay couples seeking legal marriage and their laws don't forbid it in the way it does forbid close relative marriage.

In answer to the question in the OP, you can justify gay marriage, because most states don't have laws that deny it in their marriage laws... most states don't (or didn't) state that marriage needs to be between two people of the opposite sex. On the other hand, most states do have laws regarding the degrees of relatedness in regards to marriage. Hence, legally, incest is already illegal for whatever reasons... while gay marriage is not... it often requires a state to violate the equal protection clause, in fact-- the one that was invoked when states did not allow couples of mixed races to marry.

If this doesn't make sense or goes over someone's head or you are hearing something that isn't there or want to talk about which gender is more likely to have incestuous leanings or whether marriage is an incentive or what my secret motives are... you'll have to discuss that with someone who cares more than I do. I answered the OP because I have legal knowledge on the subject. The reset was an attempt to address a clausian derail... but as soon as I know whom the straw man derailers are... I put them on ignore so as to avoid wandering into the abyss where I'm always trying to explain why their straw man or opinion or imagined expertise is wrong or incoherent or off topic.

Everyone is entitled to their opinion. They are not entitled to inflicting it on me. So if you forgive me, I'll go with my own version of whom I think is being polite and what "cases" I feel are worth arguing. I have no idea what "case" geni was talking about. If you do and want to argue whether I have one-- be my guest. Just don't expect me to participate in conversations I can't make sense of.
 
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It isn't?


No, it isn't.


But isn't one of the major things about marriage the state-sponsored benefits, that the U.S. government grants? That certainly seems legal to me.


Yes. That doesn't make marriage a contract, though.


So it seems like you'd have to back up this statement if you want us to accept it.


No, I don't. However, you are invited to educate yourself about the legal definitions of "contract" and of "status" if you would like to learn more. You certainly don't have to, though. Just like you don't have to learn how to do an apendectomy in order to trust that a doctor knows how to do one; you don't have to go to law school to trust that a lawyer knows the difference between the "marriage contract" and the real meaning of "contract."
 
So, Loss Leader doesn't wish to back up his statement, even though the evidence seems to point away from it.

Naturally.

Well, no need to waste my time here.
 
How is marriage classified in law?


It is something like a status. In many ways, it's the last status in law. Being white used to entitle you to certain rights that others didn't have, as did being a landowner. There were negative statuses - being a slave, being a woman - that entitled you to fewer rights. And then there's childhood.

Except for being a child, marriage is the only other status there is. It is the only other time that who you are counts towards how the law treats you. It is also the only voluntary status; people can enter and leave almost at will.

But, even with all of that, marriage still functions a little like a contract in some ways. There are aspects of marriage that are just between the two individuals. That doesn't make marriage a contract, though, any more than it makes your hand a foot.

Marriage is just ... marriage. There is nothing else like it.
 
Marriage vows are more of a "contract".

Marriage licenses are more of a "license".

Marriage is an "institution". ?
 
Marriage vows are more of a "contract".

As an analogy only. Good luck suing for breach of contract if if tries to divorce you before death do you part. Of course, you could say alimony and whatnot fill that role, but again, analogy.
 
I know... I spent some time in law school. It made my head feel like it was going to explode.

I have no desire to sue anyone for anything. Any taste I have for law has been more than sated.
 
This would still allow marriage of someone who is capable of informed consent but hasn't given it. Are you really in favour of permitting forced marriage?

Forced how? If by physical coercian than that should be a crime of assault or threatening assault and be illegal. If by social ostracizing if they don't marry, then that's a social concern the parties should either abide by, or live with if they refuse to marry.

These are things that have nothing to do with the types of people marrying, but rather the reasons for marriage. Which is outside the scope of what I was arguing over. Duress and pressure would/could apply equally to every person I listed and be another issue for all of them.
 
Marriage vows are more of a "contract".

Marriage licenses are more of a "license".

Marriage is an "institution". ?

Marriage was something The People did, amongst themselves. It is a public declaration, with witnesses, of a promise of eternal committment to each other.

That some arrogant folks came along and called themselves "government" (just a string of letters), then used threats of violence to declare themselves The Only Ones Permitted To Decide What A Marriage Is is a somewhat new concept historically.

Oh, in their quest for power, they allow legacy marriages performed by religious figures that they, the arrogant ones, also permit. But that's really for show, and isn't competition for the real power, which consists of deciding who may get married, as well as collecting their rediculously high fee to shove a piece of paper into a file cabinet.
 
I know... government, law, religion... it just seems like endless opinions and semantics about nothing of substance to me. I can't relate. I understand the game more or less-- and the reasons as to how it helps maintain order... but it's all so boring and meaningless to me for the most part... it's kind of about how to spin the truth you "want" from the facts that are to do what you "want to do" and not get in trouble for it by those who don't want you to do it.

The more you try to find out the "why" or the reason or the definition behind the terms and rules the more illusory and ridiculous it all seems sometimes.
 
The only problem is, how do you respond when your opponent points out that you must support incest as long as they don't have children?

Forgive me if it's been pointed out in this thread, but:

1. Some states permit cousins to marry.

2. Some states do not permit cousins to marry.

3. Some states permit cousins to marry on the condition that the couple will not have children - specifically, Arizona, Illinois, Indiana, Utah, and Wisconsin. So those states have apparently adopted your reasoning already.

Map of cousin marriage laws here:

http://www.cousincouples.com/info/states.shtml
 
as well as collecting their rediculously high fee to shove a piece of paper into a file cabinet.


$40.00 in my state. And 2.3 million people got married in 1999 in the US. That's $81,200,000.00. Compare that to the 2008 federal budget of $2,900,000,000,000.00. So, that 81 million is ... not much at all. I don't think the government is in it for your forty dollars.


The more you try to find out the "why" or the reason or the definition behind the terms and rules the more illusory and ridiculous it all seems sometimes.


It may seem that way but it isn't. There's a logic to the law. It's organic; it evolves. That makes it look messy up close. But it's quite beautiful when you see the whole machine at work.
 
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The whole "argument" was based on a derail over an opinion I had that I think is well supported by facts. It wasn't about the OP. And I think it's more than obvious that no matter how many examples of women who are defy the norm... males are by far the people who are the most likely to be "driven" by incestuous feelings than women.
Nope, not supported by "fact" as I previously noted.

That's merely your assertion, which you have not presented evidence to support.
For whatever reasons, assorted states have laws that forbid incest. I don't think most people have a problem with these laws and I doubt there are a huge mass of incest couples seeking legal marriage. There are, apparently, a lot of gay couples seeking legal marriage and their laws don't forbid it in the way it does forbid close relative marriage.
In the early part of the previous century, there weren't many people who had a problem with anti-miscegenation laws. It took a lot of effort by a small group of people to get that changed.

"It's the law" is a bad justification for any assertion or worldview. The law changes constantly to reflect changing social standards. And it's very different in different parts of the world. What makes your part of the world superior to all other parts?
In answer to the question in the OP, you can justify gay marriage, because most states don't have laws that deny it in their marriage laws... most states don't (or didn't) state that marriage needs to be between two people of the opposite sex.
So, by this logic, you'd opposed gay marriage if the majority of states had laws banning it?

Incidentally, you're wrong. Here's a bit of news for you: as of May 16, 2008, 41 states have statutes prohibiting gay marriage. 27 of those have constitutional amendments defining marriage as "between a man and a woman". So by your logic, you should opposed gay marriage, since "most" states do. http://www.stateline.org/live/details/story?contentId=310206
After Massachusetts issued the first marriage licenses to same-sex couples, voters in 13 states in 2004 rushed to rewrite their constitutions to limit marriage to heterosexuals. Two more states passed constitutional bans on gay marriage in 2005 and eight more in 2006. Arizona in 2006 became the first and only state so far to reject a ballot initiative to ban same-sex marriage.
Since 1973, 42 states, including California, passed so-called Defense of Marriage statutes, which define marriage as solely a heterosexual union. Most of these laws are modeled after the federal Defense of Marriage Act, which was passed by Congress in 1996 and signed by President Bill Clinton. It bars federal recognition of same-sex marriages and allows states to ignore gay marriages performed elsewhere.
California is the only state to have ruled such statutes unconstitutional and thrown them out. Due to the Federal DOMA, no other states are required by Full Faith and Credit to recognize same-sex marriage performed in other states.

Such an initiative passed in my state. So far, attempts to re-write the constitution haven't made it to the state Congress; but they're still being made.

But wait, it gets worse:
Michigan and Ohio are among 17 states whose constitutional gay-marriage bans are written broadly and go beyond defining marriage as a union between a man and a woman to potentially prohibiting other rights of same-sex partners.

Incidentally, all of the current crop of presidential candidates have gone on the record opposing the legalization of gay marriage, although a few on the left have made weaselly allowances for a "civil union with equivalent legal privileges".
On the other hand, most states do have laws regarding the degrees of relatedness in regards to marriage. Hence, legally, incest is already illegal for whatever reasons... while gay marriage is not... it often requires a state to violate the equal protection clause, in fact-- the one that was invoked when states did not allow couples of mixed races to marry.
Nope, sorry. Nearly all the states in the Union have laws prohibiting gay marriage; and over half of the states have constitutional amendments limiting marriage to members of the opposite sex; which trumps any "equal protection" clauses.
If this doesn't make sense or goes over someone's head or you are hearing something that isn't there or want to talk about which gender is more likely to have incestuous leanings or whether marriage is an incentive or what my secret motives are...
I would suggest you aquaint yourself more closely with the facts before daring to castigate other people for correcting your errors or making spurious "straw man" accusations.
I answered the OP because I have legal knowledge on the subject.
Incorrect and insufficient knowledge, apparently. Improve your knowledge to come in line with current reality, and you might find the rest of this thread a lot more comprehensible.
 
Sexual child abuse in a defined Swedish area 1993-97: a population-based survey.
[My paper] A Carlstedt, A Forsman, H Soderstrom
Department of Forensic Psychiatry, Institute of Clinical Neuroscience, Göteborg University, Sweden. [email protected]
Attempting to avoid some of the most common methodological problems involved in research on sexual child abuse, we collected data on crimes, perpetrators, and sanctions in all convicted cases of sexual child abuse in a defined population during a 5-year period. This approach provided amply documented and ascertained cases with precise definitions and descriptions of the crimes involved, no clinical referral bias, and minimal dependence on memory effects. The results are valid for the small proportion of cases that lead to conviction in the context of Swedish legislation. Structured data were collected from the court dossiers in all cases of sexual crimes against minors (less than 15 years of age) tried and sentenced at the courts in the Västra Götaland region of Sweden between 1993 and 1997. The total number of 496 sentences for sexual crimes during the study period included 203 cases of sexual child abuse (40.8%) with 283 victims and 196 perpetrators, all men. Girls were victims in 85% of the cases, boys in 12%, and boys as well as girls in 3%. Sexual penetration had occurred in 54.5% of cases and the total proportion of hands-on crimes was 83%. Most perpetrators, 72%, were well known to the child. The most severe offenses took place within the family. A wide range of acts were classified as sexual child abuse, but most common was sexual penetration of a female child by her biological father or a family friend.

and

http://www.incesttraumacentar.org.yu/letters_reports/statistics.pdf

and

http://www.icasa.org/uploads/adult_survivors_of_incest.pdf

FWIW
 
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$40.00 in my state. And 2.3 million people got married in 1999 in the US. That's $81,200,000.00. Compare that to the 2008 federal budget of $2,900,000,000,000.00. So, that 81 million is ... not much at all. I don't think the government is in it for your forty dollars.





It may seem that way but it isn't. There's a logic to the law. It's organic; it evolves. That makes it look messy up close. But it's quite beautiful when you see the whole machine at work.
Then what, exactly, are they in it for? What purpose on God's green earth does it serve? It looks like nothing except the perpetuation of beauracracy. How that is beautiful I have no idea. If you mean by "evolve", grow incessantly, I would agree.
 
Wait, how would you justify prohibiting incest? It produces genetically damaged kids? No parallel argument exists for homosexuality, so the comparison falls flat. What else, it's icky? If ickiness were a valid argument for stopping people from doing things, wear socks with sandals would be illegal.

Why should we prohibit incest, exactly?

How does an opponent of gay marriage who is also an opponent of incest justify prohibiting incest?

The problem I am seeing with this argument is that the numbers of people who actually engage in willful incest are incredibly low. I would say that if a couple of family members wanted to engage in incest one would also need to question why they want to do this in the first place. Chances are most of these individuals are suffering from other issues, probably mental in nature, and these issues are probably affecting their reasoning process. That alone should be a reason to not justify incest. It is common knowledge that nearly every incestuous relationship produces, not only genetically damaged children, but emotionally damaged individuals.

Gay marriage on the other hand has never, as a direct result of two homosexuals engaged in a willful union, produced anything but a typical couple who happens to be gay...no genetic defects, no emotionally scarred victims...nothing.

I have yet to see how gay marriage does anything bad, nor have I ever seen a reasoned argument against it. I honestly don't think there could be one that is logically cogent and convincing.

How does one justify banning gay marriage despite the fact that a man can get a sex change, and then marry another man?
 

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