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Alan Keyes: Gay Marriage Ruling A 'Just Cause For War'

I do enjoy how you redundantly need to narrow the issue to "same sex marriage" as a right. The question is whether MARRIAGE, is a right, neither of these cases is asking for a specific determination that "ssm" be some separate Constitutionally protected marriage. But that issue was decided long ago, there is no chance the Court overturns it.
 
You are misusing the term private. When people use this to justify legalizing prostitution, gambling, drinking, etc, they aren't asking for the gov't to give them anything, to give them benefits. The prostitute is just saying leave me alone, I'm not asking for financial aid to prostitutes. They get nothing from the gov't if it becomes legal. This isn't the case with ssm. Now, if you want to renounce all the gov't benefits then I'm in agreement with you in that would be private.

Do you see the difference?

That isn't even an SSM issue, it is a marital benefit issue.
 
Interesting you bring up Alitos question but leave out RBG's response.

She's a "real lawyer" too.

Also, to be clear, I have never claimed to be a lawyer on here.
 
If you've answered this before, please repost or point me to it.

You have stated several times that you agree with the old, or traditional, bases for marriage, including citing that article a few times. You also believe those no longer apply if SSM is legal.

What are the bases for government sanctioning marriage?

Is like to have a discussion on why they don't apply to SSM.
 
Interesting, the guy who cites "the framers" in half his posts now wants to make our Constitutional protections based on "history", maybe we should bring back restrictions based on class and genealogy, that is prevalent throughout history.

You seem to be trying to claim that interracial marriage was ok...then all of a sudden illegal, and then we fixed it. That has no basis in history.

You don't want/can't have Loving fit, because you'd have no remaining argument. I'm not claiming that blacks and gays are equal in theOr mistreatment, they don't need to be in order to apply equal protection.

Fact is, there was no law banning SSM until the 90s, when it was redefined. You keep talking about redefining but ignore that point.

I think I've asked this a dozen times now, not sure if you've answered: have you read Varnum v. Brien?
Um, did you realize there were Constitutional amendments passed AFTER the founders passed the Constitution? Yes, believe it or not, the 14th amendment was one of them. Now, what was that intent of the 14th amendment and what group of people were they protecting and what were they protecting them from? Hmm? Think hard now.

LOL. So, you think in world history there was never interracial marriage before Loving? Care to make a bet on that?
"As for the bans on which were introduced into the law precisely to enforce the racial hierarchies the Reconstruction Amendments assaulted." Read that last sentence again and let it marinate and sink in. These laws were precisely established to keep the racial hierarchies, the pecking order of whites first, blacks 2nd. Not difficult,, except for the guy playing the lawyer on TV.

God, you are back to arguing Iowa again. Will you stick with the fed or state law instead of always going to Iowa when you have your hand caught in the cookie jar?

They didn't codify it between a man and woman because they thought it was pretty much a given to everyone, even gay people. How many gay couples got married before '92? How many gay people even thought to get married before '92? Why not? Because people understood marriage was between a man and a woman. Common law.

I've answered your question a dozen times, so to keep me from having to answer this question again, cut and paste this answer or make a super duper special mental note. No, I haven't read the entire opinion, I have read the summary. It's a garbage decision. The clincher is the court rambling on about best interest of the child and the scientific evidence that supports ssm. Bullsh*t. This court was a dopey as the Dover court would have been if they would have bought the scientific arguments put forth by the ID people. Embarrassing. It makes the Iowa Supreme Court look like a bunch of buffoons who don't know how to decipher scientific data. Well, of course, it's because they had an agenda, and ends justify the means, so they accepted crappy science. There is no serious study that proves children aren't harmed by being raised in a gay home. To be fair there's no proof the other way either. The hackiness of the court was exposed here because they only conclusion we can reach is "we don't know". Why? Because the samples sizes are too small, and the time period gays have had children is too short (to study the long term impact). Shame on the court for rendering what was nothing short of a political decision, based in part on anti-science, and kudos to Iowans who voted many of these bozo the clowns out of their positions. Justice was served in that respect.

Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors
 
You are misusing the term private. When people use this to justify legalizing prostitution, gambling, drinking, etc, they aren't asking for the gov't to give them anything, to give them benefits. The prostitute is just saying leave me alone, I'm not asking for financial aid to prostitutes. They get nothing from the gov't if it becomes legal. This isn't the case with ssm. Now, if you want to renounce all the gov't benefits then I'm in agreement with you in that would be private.

Do you see the difference?
No, still don't see marriage as public. Not any more than your medical records become public when you go on medicare or your home becomes public the moment you take rent assistance or your children become public when they go to the local public school or eat free lunches from the state. But if your beef is with marriage benefits, then go fight that battle which is separate from SSM. I think your "public marriage via spousal benefits" argument is a bit bizarre.
 
Interesting you bring up Alitos question but leave out RBG's response.

She's a "real lawyer" too.

Also, to be clear, I have never claimed to be a lawyer on here.
Sorry, must have you confused with someone else. Thank God, that makes me feel a lot better about the legal profession.

No, I didn't leave out. It was pure comedic gold: For a second I thought she was arguing the case for the state's keeping the ban on ssm laws. LOL.

"Justice Samuel Alito: Suppose we rule in your favor in this case and then after that, a group consisting of two men and two women apply for a marriage license. Would there be any ground for denying them a license?

Mary Bonauto: I believe so, Your Honor.

Alito: What would be the reason?

Bonauto: There’d be two. One is whether the State would even say that that is such a thing as a marriage, but then beyond that, there are definitely going to be concerns about coercion and consent and disrupting family relationships when you start talking about multiple persons. But I want to also just go back to the wait and see question for a moment, if I may. Because …

Justice Antonin Scalia: Well, I didn’t understand your answer. …

Alito: Well, what if there’s no – these are four people, two men and two women, it’s not – it’s not the sort of polygamous relationship, polygamous marriages that existed in other societies and still exist in some societies today. And let’s say they’re all consenting adults, highly educated. They’re all lawyers. What would be the ground under – under the logic of the decision you would like us to hand down in this case – what would be the logic of denying them the same right?

Bonauto: Number one, I assume the states would rush in and say that when you’re talking about, multiple people joining into a relationship, that that is not the same thing that we’ve had in marriage, which is on the mutual support and consent of two people. Setting that aside, even assuming it is within the fundamental right –

Alito: But, well, I don’t know what kind of a distinction that is because a marriage between two people of the same sex is not something that we have had before, recognizing that is a substantial break. Maybe it’s a good one. So this is no – why is that a greater break?

Bonauto: The question is one of – again, assuming it’s within the fundamental right, the question then becomes one of justification. And I assume that the states would come in and they would say that there are concerns about consent and coercion. If there’s a divorce from the second wife, does that mean the fourth wife has access to the child of the second wife? There are issues around who is it that makes the medical decisions, you know, in the time of crisis. I assume there’d be lots of family disruption issues, setting aside issues of coercion and consent and so on that just don’t apply here, when we’re talking about two consenting adults who want to make that mutual commitment for as long as they shall be. So that’s my answer on that.


Read more at http://www.wnd.com/2015/04/justice-alito-why-not-let-4-lawyers-marry/#u5moeQPMkIChctvS.99
 
Can you cite a study/poll that backs up that claim? SSM or polygamy isn't about what's going on in the bedrooms. That's the point. I don't care what you do in the bedroom, nor do most people I know. It's about the gov't granting a right, along with all the gov't benefits, for said marriage. So, we are in agreement in that we should stay out of each others bedrooms. This point doesn't then leap to the conclusion you've made that people, even ssm supporters, are fine with polygamy. If that was the case there would be a large group of people in this country who would favor polygamy. I haven't seen this but maybe you have some data that shows differently.

Wait, I will modify the "stay out of the bedroom" language a bit, and I'm sure you would agree. It only applies if it's consensual. If a person is raping a woman (or man) in the bedroom, then, yes, I do care. Like I said, I'm sure you agree with this addition to the original catch phrase.
Then why are you against two homosexuals having the same federal benefits afforded married heterosexual couples? And your answer can't include any "what about...?" scenarios. Keep it simply to the issue at hand.
 
Sorry, must have you confused with someone else. Thank God, that makes me feel a lot better about the legal profession.

No, I didn't leave out. It was pure comedic gold: For a second I thought she was arguing the case for the state's keeping the ban on ssm laws. LOL.

"Justice Samuel Alito: Suppose we rule in your favor in this case and then after that, a group consisting of two men and two women apply for a marriage license. Would there be any ground for denying them a license?

Mary Bonauto: I believe so, Your Honor.

Alito: What would be the reason?

Bonauto: There’d be two. One is whether the State would even say that that is such a thing as a marriage, but then beyond that, there are definitely going to be concerns about coercion and consent and disrupting family relationships when you start talking about multiple persons. But I want to also just go back to the wait and see question for a moment, if I may. Because …

Justice Antonin Scalia: Well, I didn’t understand your answer. …

Alito: Well, what if there’s no – these are four people, two men and two women, it’s not – it’s not the sort of polygamous relationship, polygamous marriages that existed in other societies and still exist in some societies today. And let’s say they’re all consenting adults, highly educated. They’re all lawyers. What would be the ground under – under the logic of the decision you would like us to hand down in this case – what would be the logic of denying them the same right?

Bonauto: Number one, I assume the states would rush in and say that when you’re talking about, multiple people joining into a relationship, that that is not the same thing that we’ve had in marriage, which is on the mutual support and consent of two people. Setting that aside, even assuming it is within the fundamental right –

Alito: But, well, I don’t know what kind of a distinction that is because a marriage between two people of the same sex is not something that we have had before, recognizing that is a substantial break. Maybe it’s a good one. So this is no – why is that a greater break?

Bonauto: The question is one of – again, assuming it’s within the fundamental right, the question then becomes one of justification. And I assume that the states would come in and they would say that there are concerns about consent and coercion. If there’s a divorce from the second wife, does that mean the fourth wife has access to the child of the second wife? There are issues around who is it that makes the medical decisions, you know, in the time of crisis. I assume there’d be lots of family disruption issues, setting aside issues of coercion and consent and so on that just don’t apply here, when we’re talking about two consenting adults who want to make that mutual commitment for as long as they shall be. So that’s my answer on that.


Read more at http://www.wnd.com/2015/04/justice-alito-why-not-let-4-lawyers-marry/#u5moeQPMkIChctvS.99
I didn't see notorious RBG represented in your pasted text or link. What did she say that cracked you up?
 
No, still don't see marriage as public. Not any more than your medical records become public when you go on medicare or your home becomes public the moment you take rent assistance or your children become public when they go to the local public school or eat free lunches from the state. But if your beef is with marriage benefits, then go fight that battle which is separate from SSM. I think your "public marriage via spousal benefits" argument is a bit bizarre.
Again, you are confusing private in public as to your original point. It's not bizarre in the least. You've yet to articulate a good argument as to how I'm wrong. I'm not sure why you are so hung up on the private point. It's a poor argument. It's not one any pro ssm lawyer would use before the court because it's not a valid one. Actually, it's so patently obvious, I'm at a loss as to why you keep belaboring the point. Now, you are going on about rent asst and school lunch programs. Seriously? WTF?

My beef with ssm is I don't see, under the new marriage definition, a good reason for the gov't being involved in the marriage business. Under the old/traditional marriage definition I do.

"An older view of marriage has steadily been losing ground to a newer one, and that process began long before the debate over same-sex couples. On the older understanding, society and, to a lesser extent, the government needed to shape sexual behavior—specifically, the type of sexual behavior that often gives rise to children—to promote the well-being of those children. On the newer understanding, marriage is primarily an emotional union of adults with an incidental connection to procreation and children.

"We think the older view is not only unbigoted, but rationally superior to the newer one. Supporters of the older view have often said that it offers a sure ground for resisting polygamy while the newer one does not. But perhaps the more telling point is that the newer view does not offer any strong rationale for having a social institution of marriage in the first place, let alone a government-backed one."


Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors

The underlined is the key for me. I've yet to hear a convincing reason from those who adopt the new definition of marriage that addresses those points. If it's just an emotional union of adults wtf do we need marriage, and moreso, why do we need the gov't involved? If this is the new definition of marriage then get the gov't out of the marriage business altogether, there's no reason for it to be involved.
 
Then why are you against two homosexuals having the same federal benefits afforded married heterosexual couples? And your answer can't include any "what about...?" scenarios. Keep it simply to the issue at hand.
Ok, I've answered that about two dozen times but I'll refer you to above for the dozen and once time.
 
I didn't see notorious RBG represented in your pasted text or link. What did she say that cracked you up?
Sorry, I never mentioned RBG, I said the woman who argued the gov'ts case before the court. Honestly, I didn't even know who RBG was until I thought about it for a while. I actually like RBG. I've read and listened to some Scalia interviews talking about RBG and he's buddies with her. I didn't probably agree with anything Stevens or Brennan ever wrote but those guys were brilliant, principled, liberal jurists. I respect that even if I disagree with their decisions. I can't stand the Earl Warren's who are nothing but political hacks, ends justifies the means judges.
 
Again, you are confusing private in public as to your original point. It's not bizarre in the least. You've yet to articulate a good argument as to how I'm wrong. I'm not sure why you are so hung up on the private point. It's a poor argument. It's not one any pro ssm lawyer would use before the court because it's not a valid one. Actually, it's so patently obvious, I'm at a loss as to why you keep belaboring the point. Now, you are going on about rent asst and school lunch programs. Seriously? WTF?

My beef with ssm is I don't see, under the new marriage definition, a good reason for the gov't being involved in the marriage business. Under the old/traditional marriage definition I do.

"An older view of marriage has steadily been losing ground to a newer one, and that process began long before the debate over same-sex couples. On the older understanding, society and, to a lesser extent, the government needed to shape sexual behavior—specifically, the type of sexual behavior that often gives rise to children—to promote the well-being of those children. On the newer understanding, marriage is primarily an emotional union of adults with an incidental connection to procreation and children.

"We think the older view is not only unbigoted, but rationally superior to the newer one. Supporters of the older view have often said that it offers a sure ground for resisting polygamy while the newer one does not. But perhaps the more telling point is that the newer view does not offer any strong rationale for having a social institution of marriage in the first place, let alone a government-backed one."


Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors

The underlined is the key for me. I've yet to hear a convincing reason from those who adopt the new definition of marriage that addresses those points. If it's just an emotional union of adults wtf do we need marriage, and moreso, why do we need the gov't involved? If this is the new definition of marriage then get the gov't out of the marriage business altogether, there's no reason for it to be involved.
We continue to see this markedly different. I see marriage, child rearing, my entertainment choices, my faith, my diet and numerous other facets of a person's life as all essentially private affairs. That some might take place in public or receive some form of public attention either regulatory or financial doesn't remove them from the private sphere and make them public. Its my belief that supporters of SSM generally want the government out of our private affairs. Its sort of interesting that you have been reduced to opposing this idea. Seriously, WTF!

To your other question, I think the most basic reason is because its the will of the people. Convince the people to give up marriage benefits if you like. I might even be sympathetic, but again that has nothing to do with SSM as your source states, "that process began long before the debate over same-sex couples."

 
Ok, I've answered that about two dozen times but I'll refer you to above for the dozen and once time.
You may think you did, but you didn't. Read your own posts. It consists of you being against SSM because hetero marriage has changed its definition in our culture already. Its another side step where you seek to punish gays for your issues with straights.
 
You may think you did, but you didn't. Read your own posts. It consists of you being against SSM because hetero marriage has changed its definition in our culture already. Its another side step where you seek to punish gays for your issues with straights.
So, now you are conceding I've answered this a couple dozen times (in the numerous threads that have been started on this subject) and instead of answering why gov't should be involved in marriage under the new marriage definition, decide to deflect and go into "woe is me" mode. You are better than that.
 
So, now you are conceding I've answered this a couple dozen times (in the numerous threads that have been started on this subject) and instead of answering why gov't should be involved in marriage under the new marriage definition, decide to deflect and go into "woe is me" mode. You are better than that.
Read it again. I'm not conceding, I'm contesting and I answered your question above. My "woe is me" is essentially what makes this a 14th amendment issue, so you may need to do better.
 
PhantomFlyer, this issue seems to really upset you. Why? Is it because you believe gay marriage is wrong in the eyes of the God you believe in or because having same sex couples marry will negatively affect you in some way? Do you think if same sex couples have the same rights as heterosexual couples it will lead to polygamy being legal? If somehow polygamy becomes legal will it have a negative effect on you somehow? A lot of time and energy has been spent by you and others arguing this issue, but I still don't understand how if the Supreme Court rules in favor of SSM it will affect anyone other than the couples who will be able to have their marriages recognized throughout our country. Is your stance is it should be left up to the people to decide? There are a lot of instances where leaving it up to the majority to make a decision about a minority would have been disastrous. It kind of reminds me of letting the popular kids in high school decide who should be able to attend prom.
 
The guy should have remained working as a neurosurgeon. He is out of touch with the reality of American society as it is today........and it (American society) ain't going to back peddle. He needs to understand that. Gay marriage and abortion are what most of the people want. Cons need to take a lesson from "Frozen" and "let it go."
 
We continue to see this markedly different. I see marriage, child rearing, my entertainment choices, my faith, my diet and numerous other facets of a person's life as all essentially private affairs. That some might take place in public or receive some form of public attention either regulatory or financial doesn't remove them from the private sphere and make them public. Its my belief that supporters of SSM generally want the government out of our private affairs. Its sort of interesting that you have been reduced to opposing this idea. Seriously, WTF!

To your other question, I think the most basic reason is because its the will of the people. Convince the people to give up marriage benefits if you like. I might even be sympathetic, but again that has nothing to do with SSM as your source states, "that process began long before the debate over same-sex couples."
This is because you keep insisting on misrepresenting the terms. Let's try it again. "I see marriage as essentially private affairs". So do I if it's a religious or non-gov't sanctioned marriage. You got it. You are wrong that is strictly a private affair. Think about your logic. If marriage is strictly a private affair then the gov't has no business telling anyone who they can and can't married. Are you advocating children can get married? Siblings? Parent/Child? Do you think the gov't has ANY right to set up any restrictions on who can get married. Maybe you don't think the gov't does but I can assure you that would be a minority opinion, even among ssm proponents.

You continue to argue that marriage is solely a private affairs but you are happy to accept the very public benefits that come with marriage. You honestly can't see the contradiction? You can get married in a church or hold a gay marriage ceremony. Private. What you are seeking is public acceptance, not private. Gov't stamp of approval you might argue. This is so clear cut and obvious, I'm at a loss to find words to make it more clearer. If it was strictly a private matter you wouldn't need the state to matter you. How can you not concede that point?

The will of the people? Wow. That's your compelling argument for gov't being involved in marriage. Good grief, that's a weak reason why the gov't should be involved. It's the "will of certain people" and it's because you get special gov't benefits. If you offered certain groups a free BMW every 4 years, I bet they'd go along with that law too. Yes the process to define traditional marriage has begun long before the debate of ssm. However, we didn't change the definition of marriage until now. You also, have yet to provide how the newer definition is superior to the older one, or why the gov't should be involved in this new definition of marriage. Gay couples would never support the gov't getting out of the marriage business because the objective is, contrary to your claim, a public affirmation of their marriage which is provided by the official gov't sanctioning of their marriage.
 
Sorry, I never mentioned RBG, I said the woman who argued the gov'ts case before the court. Honestly, I didn't even know who RBG was until I thought about it for a while. I actually like RBG. I've read and listened to some Scalia interviews talking about RBG and he's buddies with her. I didn't probably agree with anything Stevens or Brennan ever wrote but those guys were brilliant, principled, liberal jurists. I respect that even if I disagree with their decisions. I can't stand the Earl Warren's who are nothing but political hacks, ends justifies the means judges.

It is interesting when we can pinpoint where we so vastly differ.

I'm not sure I have ever disagreed with Brennan, one of our finest Justices ever.

Fun.
 
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If you've answered this before, please repost or point me to it.

You have stated several times that you agree with the old, or traditional, bases for marriage, including citing that article a few times. You also believe those no longer apply if SSM is legal.

What are the bases for government sanctioning marriage?

Is like to have a discussion on why they don't apply to SSM.
 
Since you apparently get upset when I use Iowa law and cite to the Iowa S Ct, why don't you tell me which one you want to use?

Florida?

I'm happy to discuss whichever you choose. I tend to forget that this is an Iowa message board with people living in, or connected to, the State.

Now that I know you've read Varnum, last time you specifically had not and didn't plan to, we can figure out which of it, exactly, you think is "garbage." Obviously the science, you didn't like that. Anything else, specifically?
 
PhantomFlyer, this issue seems to really upset you. Why? Is it because you believe gay marriage is wrong in the eyes of the God you believe in or because having same sex couples marry will negatively affect you in some way? Do you think if same sex couples have the same rights as heterosexual couples it will lead to polygamy being legal? If somehow polygamy becomes legal will it have a negative effect on you somehow? A lot of time and energy has been spent by you and others arguing this issue, but I still don't understand how if the Supreme Court rules in favor of SSM it will affect anyone other than the couples who will be able to have their marriages recognized throughout our country. Is your stance is it should be left up to the people to decide? There are a lot of instances where leaving it up to the majority to make a decision about a minority would have been disastrous. It kind of reminds me of letting the popular kids in high school decide who should be able to attend prom.
It's upsetting to me because I'm having to respond a half a dozen times to the same questions, by multiple people. It would be easier if you assigned one person make the pro-ssm case and then debate it from there.

If one person can find God mentioned as the reason I don't support ssm I'll give you $1000. I haven't used God or the bible, religion. I've provided my reasoning at least a dozen times in the numerous thread. So, yes, it gets tiring and frustrating dealing with repeat questions and strawmen arguments.

If you read my answer above you'll understand why the problem if the SC rules in favor of SSM. It makes the case against laws against polygamy more difficult to make. The new definition of marriage also doesn't provide us with a good reason why the feds are even involved in the marriage business.

Yes, I believe it's a decision that should be left to the states. Popular opinion is trending that way, leave it up to them.

"There are a lot of instances where leaving it up to the majority to make a decision about a minority would have been disastrous."

The same can be said about leaving it up to the minority to determine what the majority will live with. So what. Constitutionality isn't determined that way. Is ssm a constitutional right or not?
 
Since you apparently get upset when I use Iowa law and cite to the Iowa S Ct, why don't you tell me which one you want to use?

Florida?

I'm happy to discuss whichever you choose. I tend to forget that this is an Iowa message board with people living in, or connected to, the State.

Now that I know you've read Varnum, last time you specifically had not and didn't plan to, we can figure out which of it, exactly, you think is "garbage." Obviously the science, you didn't like that. Anything else, specifically?
We aren't talking about Iowa. Turn the page. The case before the court is one before the USSC. Try to keep up. Iowa's done. The genie is out of the bottle. Why rehash what can't be changed?
 
hink about you
This is because you keep insisting on misrepresenting the terms. Let's try it again. "I see marriage as essentially private affairs". So do I if it's a religious or non-gov't sanctioned marriage. You got it. You are wrong that is strictly a private affair. Think about your logic. If marriage is strictly a private affair then the gov't has no business telling anyone who they can and can't married. Are you advocating children can get married? Siblings? Parent/Child? Do you think the gov't has ANY right to set up any restrictions on who can get married. Maybe you don't think the gov't does but I can assure you that would be a minority opinion, even among ssm proponents.

You continue to argue that marriage is solely a private affairs but you are happy to accept the very public benefits that come with marriage. You honestly can't see the contradiction? You can get married in a church or hold a gay marriage ceremony. Private. What you are seeking is public acceptance, not private. Gov't stamp of approval you might argue. This is so clear cut and obvious, I'm at a loss to find words to make it more clearer. If it was strictly a private matter you wouldn't need the state to matter you. How can you not concede that point?

The will of the people? Wow. That's your compelling argument for gov't being involved in marriage. Good grief, that's a weak reason why the gov't should be involved. It's the "will of certain people" and it's because you get special gov't benefits. If you offered certain groups a free BMW every 4 years, I bet they'd go along with that law too. Yes the process to define traditional marriage has begun long before the debate of ssm. However, we didn't change the definition of marriage until now. You also, have yet to provide how the newer definition is superior to the older one, or why the gov't should be involved in this new definition of marriage. Gay couples would never support the gov't getting out of the marriage business because the objective is, contrary to your claim, a public affirmation of their marriage which is provided by the official gov't sanctioning of their marriage.

For a man who ridicules others for "picking at nits" you sure seem to hang your hat on them. I said it was essentially a private affair, not solely one. Do you even disagree with that point? It might be hard to conceive of anything that is solely in one camp without crossing into the other. We all breath the public air supply, by your logic the government would be justified in regulating our farts. Thats quite the big government platform you've carved out for yourself. I'm guessing as a general rule, you do believe the government should try to remain out of private affairs. Thats my view on this issue too as Marriage is essentially, at its core, and could reasonably be defined as a private affair. Now it might be a great point that the government shouldn't licence marriage or grant benefits for it, but that isn't a beef with the gays, so its not a real point on this matter.

What country do you think you live in? The "will of the people" is our raison d'etre. Do I need to provide a reason why one definition is better than the other? Your source says the definition has already changed with regard to the way you are worried about. That ship has sailed. But if you want a reason, it might be that it opens the franchize up to more people. That seems a distinct advantage. This is a fun little dance you are doing, moving from benefits to recognition. I'd suggest it wouldn't matter at all what gay people thought if you convinced straight people to give up their benefits and recognition. If your objection is really as you are writing, then you have yet to express a problem with SSM inherently. You are simply lamenting the state of current hetero marriage in America today. If heteros had valued and preserved the old definition, then you might have an argument. But you lost that fight already, heteros rejected your old definition. Now you want to hold gay people to a higher standard to qualify for the same rights. That makes this a constitutional issue.
 
For a man who ridicules others for "picking at nits" you sure seem to hang your hat on them. I said it was essentially a private affair, not solely one. Do you even disagree with that point? It might be hard to conceive of anything that is solely in one camp without crossing into the other. We all breath the public air supply, by your logic the government would be justified in regulating our farts. Thats quite the big government platform you've carved out for yourself. I'm guessing as a general rule, you do believe the government should try to remain out of private affairs. Thats my view on this issue too as Marriage is essentially, at its core, and could reasonably be defined as a private affair. Now it might be a great point that the government shouldn't licence marriage or grant benefits for it, but that isn't a beef with the gays, so its not a real point on this matter.

What country do you think you live in? The "will of the people" is our raison d'etre. Do I need to provide a reason why one definition is better than the other? Your source says the definition has already changed with regard to the way you are worried about. That ship has sailed. But if you want a reason, it might be that it opens the franchize up to more people. That seems a distinct advantage. This is a fun little dance you are doing, moving from benefits to recognition. I'd suggest it wouldn't matter at all what gay people thought if you convinced straight people to give up their benefits and recognition. If your objection is really as you are writing, then you have yet to express a problem with SSM inherently. You are simply lamenting the state of current hetero marriage in America today. If heteros had valued and preserved the old definition, then you might have an argument. But you lost that fight already, heteros rejected your old definition. Now you want to hold gay people to a higher standard to qualify for the same rights. That makes this a constitutional issue.
LOL. You are once again changing what you've been saying. Now, you are getting ridiculously vague. Yes, the daily interactions of a marriage are primarily private, but that's not what started this discussion. You said marriage is private issue and therefore the gov't shouldn't have the right to tell who and who can't be married.

Tell you what. Use that reasoning when it comes to the feds for anything. If you are a private organization and engage in support of a specific candidate, you are no longer tax exempt. The same with marriage. If you are going to accept gov't goodies, the gov't has the right to make the rules. Forget your private/public talk because you've failed to establish a meaning for the different terms and it doesn't really matter. As long as you are getting gov't benefits, the gov't is allowed to make the rules for those who get those benefits. Don't like that then get gov't out of the marriage business. Do you get the point now that I removed your public/private language?

Weak reasoning? It's not even the will of the people, it's the will of some guys in black robes.

"You are simply lamenting the state of current hetero marriage in America today. If heteros had valued and preserved the old definition, then you might have an argument. But you lost that fight already, heteros rejected your old definition. Now you want to hold gay people to a higher standard to qualify for the same rights. That makes this a constitutional issue."

No, I'm not. I'm not saying heteros should get the benefits, and gays not. I'm saying if the current definition is where we stand then NEITHER should get the benefits. That's the point. Gov't no longer has a reason being in the marriage game. Ironically, you tacitly agree. You are saying the old definition is obsolete, the idea of procreation, children, etc, is no longer necessary and it's been replaced by two people in love. There's no need for the gov't to be involved. As you say, it's a private matter between the parties, the gov't has no real interest. Get gov't out of marriage altogether. You want your cake and to eat it too. It doesn't work that way, or rather it shouldn't work that way. If you change the definition so the gov't has no real interest then the gov't should stay out.

Oh, and FTR, I've commented for many moons that if the gov't is going to change the meaning of marriage then stop screwing me as a single person. Hence, why I've proposed changing the law to allow any two people to get married. I don't care if it's siblings, parent/child, etc. This would eliminate the discrimination of gov't benefits (under the traditional marriage definition this had some merit, but not under the new definition).
 
LOL. You are once again changing what you've been saying. Now, you are getting ridiculously vague. Yes, the daily interactions of a marriage are primarily private, but that's not what started this discussion. You said marriage is private issue and therefore the gov't shouldn't have the right to tell who and who can't be married.

Tell you what. Use that reasoning when it comes to the feds for anything. If you are a private organization and engage in support of a specific candidate, you are no longer tax exempt. The same with marriage. If you are going to accept gov't goodies, the gov't has the right to make the rules. Forget your private/public talk because you've failed to establish a meaning for the different terms and it doesn't really matter. As long as you are getting gov't benefits, the gov't is allowed to make the rules for those who get those benefits. Don't like that then get gov't out of the marriage business. Do you get the point now that I removed your public/private language?

Weak reasoning? It's not even the will of the people, it's the will of some guys in black robes.

"You are simply lamenting the state of current hetero marriage in America today. If heteros had valued and preserved the old definition, then you might have an argument. But you lost that fight already, heteros rejected your old definition. Now you want to hold gay people to a higher standard to qualify for the same rights. That makes this a constitutional issue."

No, I'm not. I'm not saying heteros should get the benefits, and gays not. I'm saying if the current definition is where we stand then NEITHER should get the benefits. That's the point. Gov't no longer has a reason being in the marriage game. Ironically, you tacitly agree. You are saying the old definition is obsolete, the idea of procreation, children, etc, is no longer necessary and it's been replaced by two people in love. There's no need for the gov't to be involved. As you say, it's a private matter between the parties, the gov't has no real interest. Get gov't out of marriage altogether. You want your cake and to eat it too. It doesn't work that way, or rather it shouldn't work that way. If you change the definition so the gov't has no real interest then the gov't should stay out.

Oh, and FTR, I've commented for many moons that if the gov't is going to change the meaning of marriage then stop screwing me as a single person. Hence, why I've proposed changing the law to allow any two people to get married. I don't care if it's siblings, parent/child, etc. This would eliminate the discrimination of gov't benefits (under the traditional marriage definition this had some merit, but not under the new definition).
This was my original statement:
"I think a majority of people do not support polygamy. I do think a majority of SSM supporters don't care enough about polygamy for it to stand in the way of civil rights for all. I think a majority of SSM supporters generally think the government should stay out of our bedrooms."

It was intentionally vague (note the use of the term generally) from the start. You then decided to quibble and on grounds I never walked. I was speaking about the attitudes of SSM supporters, not the legal underpinnings of any actions by government. You have managed to explain just why this is a federal constitutional issue however. You see the government in America isn't allowed to just willy nilly decide who gets what rights. They have to have a compelling reason to deny rights to a group or class. SCOTUS gets final word on that.

Your benefit argument is not a real valid point against GAY marriage. Its a point against all marriages in America. That means its not unique or germane to this topic. If thats really your only issue with SSM, you have not presented any reason at all to be intrinsically against SSM.. You are in fact just ranting about current married people doing it wrong.
 
We aren't talking about Iowa. Turn the page. The case before the court is one before the USSC. Try to keep up. Iowa's done. The genie is out of the bottle. Why rehash what can't be changed?

Maybe you aren't aware, so let me try and help:

First, we are discussing the Constitutionality, under which many States utilize the same analysis, because they are determining federal law/equivalent state laws.

Second, the cases in front of the SCOTUS are from, Ohio (Obergefell, lead case), Tennesee, Kentucky. These came up through federal courts, but that does not render specific States' legal analysis of the exact same federal laws irrelevant.

By questioning your "its garbage" comment on Iowa S.Ct. decision, I am now "rehashing" what can't be changed, I'm asking you to take specific issue with their legal analysis.
 
Let's use Florida, that is where you are, right?

Florida 741.212 - "(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state."

Guess when that was passed. 1997. Marriage re-codified through Florida's DOMA. Who'da thunk it wasn't just Iowa.
 
Again, you are confusing private in public as to your original point. It's not bizarre in the least. You've yet to articulate a good argument as to how I'm wrong. I'm not sure why you are so hung up on the private point. It's a poor argument. It's not one any pro ssm lawyer would use before the court because it's not a valid one. Actually, it's so patently obvious, I'm at a loss as to why you keep belaboring the point. Now, you are going on about rent asst and school lunch programs. Seriously? WTF?

My beef with ssm is I don't see, under the new marriage definition, a good reason for the gov't being involved in the marriage business. Under the old/traditional marriage definition I do.

"An older view of marriage has steadily been losing ground to a newer one, and that process began long before the debate over same-sex couples. On the older understanding, society and, to a lesser extent, the government needed to shape sexual behavior—specifically, the type of sexual behavior that often gives rise to children—to promote the well-being of those children. On the newer understanding, marriage is primarily an emotional union of adults with an incidental connection to procreation and children.

"We think the older view is not only unbigoted, but rationally superior to the newer one. Supporters of the older view have often said that it offers a sure ground for resisting polygamy while the newer one does not. But perhaps the more telling point is that the newer view does not offer any strong rationale for having a social institution of marriage in the first place, let alone a government-backed one."


Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors

The underlined is the key for me. I've yet to hear a convincing reason from those who adopt the new definition of marriage that addresses those points. If it's just an emotional union of adults wtf do we need marriage, and moreso, why do we need the gov't involved? If this is the new definition of marriage then get the gov't out of the marriage business altogether, there's no reason for it to be involved.

You posted this, yet again, but don't seem to have posted what those "older views" and bases actually were.

It seems to point to one thing: "to promote the well-being of those children."

It is certainly ok to take this stance: "My beef with ssm is I don't see, under the new marriage definition, a good reason for the gov't being involved in the marriage business. Under the old/traditional marriage definition I do. " But, then you should actually back up which parts have changed. To do that, we need to know what bases the government should, under your opinion, be involved in marriage.

Is it just the well-being of children? Surely not, you scoffed at the Iowa Supreme Court spending so much time on that issue.

For those that didn't click on his article, he pasted the only relevant part, there is no supporting bases for the "older view".
 
If you read my answer above you'll understand why the problem if the SC rules in favor of SSM. It makes the case against laws against polygamy more difficult to make.

So, in essence, your issue isn't actually with SSM, your stance is to stem the tide against the strong push for Polygamy?
 
Sorry, must have you confused with someone else. Thank God, that makes me feel a lot better about the legal profession.

No, I didn't leave out. It was pure comedic gold: For a second I thought she was arguing the case for the state's keeping the ban on ssm laws. LOL.

"Justice Samuel Alito: Suppose we rule in your favor in this case and then after that, a group consisting of two men and two women apply for a marriage license. Would there be any ground for denying them a license?

Mary Bonauto: I believe so, Your Honor.

Alito: What would be the reason?

Bonauto: There’d be two. One is whether the State would even say that that is such a thing as a marriage, but then beyond that, there are definitely going to be concerns about coercion and consent and disrupting family relationships when you start talking about multiple persons. But I want to also just go back to the wait and see question for a moment, if I may. Because …

Justice Antonin Scalia: Well, I didn’t understand your answer. …



Read more at http://www.wnd.com/2015/04/justice-alito-why-not-let-4-lawyers-marry/#u5moeQPMkIChctvS.99

She did attempt to answer with: " there are definitely going to be concerns about coercion and consent and disrupting family relationships when you start talking about multiple persons."

What some are forgetting here is that Constitutional rights (Marriage) can be limited, if they survive scrutiny. SSM could be legalized, because it doesn't survive scrutiny, whereas Polygamy does.

Obviously Alito wanted to create the perfect Polygamous couple, a good way to frame the debate, but laws have been based on the lowest common denominator, and passed scrutiny on many, many occasions, a key reason is simplicity and cost-efficiency. For a rudimentary example: If statistically, 99.9% of Polygamous marriages were due to coercion, frought with abuse, and ended with murder....the law could stand, even though the one perfect-polygamous-foursome would be unfairly impacted.

Obviously you and Alito are taking the same slipperyslopeherecomesPolygamy! argument.

Really, I wanted to respond to this to post the actual transcript, for those that might be interested.

And see, this is what concerns me about Scalia:

JUSTICE SCALIA: Miss Miss Bonauto, I'm concerned about the wisdom of this Court imposing through the Constitution a requirement of action which is unpalatable to many of our citizens for religious reasons. They are not likely to change their view about what marriage consists of.


He says he is concerned about the SCOTUS determining something through the Constitution that might piss off people........because of religious reasons. That should, obviously not be a concern. And to clarify here for Phantom: If it is IN FACT "legislating", as in no right under the Constitution, then his decision should not hinge on what someone's religion dictates. He should make the decision on that ground, and that ground alone. Even hinting to being concerned about "unpalatability" is concerning, IMO.

And who cares whether one will change their view about what a marriage consists of? The Constitution has, literally, no authority, or impact over someone's personal views.
 
For Phantom:

Maybe this will help kickstart your list of bases of "old marriage", i.e. reasons for marriage sanctioned by gov't, this is what the Iowa S. Ct. cited as the governments reasoning for banning SSM:

Maintaining traditional marriage
Promotion of optimal environment to raise children
Promotion of procreation
Promoting stability in opposite-sex relationships
Conservation of resources
Religion
 
Um, did you realize there were Constitutional amendments passed AFTER the founders passed the Constitution? Yes, believe it or not, the 14th amendment was one of them. Now, what was that intent of the 14th amendment and what group of people were they protecting and what were they protecting them from? Hmm? Think hard now.

LOL. So, you think in world history there was never interracial marriage before Loving? Care to make a bet on that?
"As for the bans on which were introduced into the law precisely to enforce the racial hierarchies the Reconstruction Amendments assaulted." Read that last sentence again and let it marinate and sink in. These laws were precisely established to keep the racial hierarchies, the pecking order of whites first, blacks 2nd. Not difficult,, except for the guy playing the lawyer on TV.

God, you are back to arguing Iowa again. Will you stick with the fed or state law instead of always going to Iowa when you have your hand caught in the cookie jar?

They didn't codify it between a man and woman because they thought it was pretty much a given to everyone, even gay people. How many gay couples got married before '92? How many gay people even thought to get married before '92? Why not? Because people understood marriage was between a man and a woman. Common law.

I've answered your question a dozen times, so to keep me from having to answer this question again, cut and paste this answer or make a super duper special mental note. No, I haven't read the entire opinion, I have read the summary. It's a garbage decision. The clincher is the court rambling on about best interest of the child and the scientific evidence that supports ssm. Bullsh*t. This court was a dopey as the Dover court would have been if they would have bought the scientific arguments put forth by the ID people. Embarrassing. It makes the Iowa Supreme Court look like a bunch of buffoons who don't know how to decipher scientific data. Well, of course, it's because they had an agenda, and ends justify the means, so they accepted crappy science. There is no serious study that proves children aren't harmed by being raised in a gay home. To be fair there's no proof the other way either. The hackiness of the court was exposed here because they only conclusion we can reach is "we don't know". Why? Because the samples sizes are too small, and the time period gays have had children is too short (to study the long term impact). Shame on the court for rendering what was nothing short of a political decision, based in part on anti-science, and kudos to Iowans who voted many of these bozo the clowns out of their positions. Justice was served in that respect.

Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors
Are you sure you want to start talking about the scientific data about children raised by same-sex couples vs. traditional couples? Because I can show you numerous studies that indicate absolutely no differences in long term well-being measures such as academics, cognition, social skills, psychological health, etc.

If you're saying the Iowa Court was wrong, then virtually anything further you have to say on the topic should be deemed worthless.
 
Are you sure you want to start talking about the scientific data about children raised by same-sex couples vs. traditional couples? Because I can show you numerous studies that indicate absolutely no differences in long term well-being measures such as academics, cognition, social skills, psychological health, etc.

If you're saying the Iowa Court was wrong, then virtually anything further you have to say on the topic should be deemed worthless.

Phantom shown study regarding children raised in SSM households: "It isn't scientifically relevant...it is too short a time period....therefore it should be ignored." Science and statistics is hard.
 
This was my original statement:
"I think a majority of people do not support polygamy. I do think a majority of SSM supporters don't care enough about polygamy for it to stand in the way of civil rights for all. I think a majority of SSM supporters generally think the government should stay out of our bedrooms."

It was intentionally vague (note the use of the term generally) from the start. You then decided to quibble and on grounds I never walked. I was speaking about the attitudes of SSM supporters, not the legal underpinnings of any actions by government. You have managed to explain just why this is a federal constitutional issue however. You see the government in America isn't allowed to just willy nilly decide who gets what rights. They have to have a compelling reason to deny rights to a group or class. SCOTUS gets final word on that.

Your benefit argument is not a real valid point against GAY marriage. Its a point against all marriages in America. That means its not unique or germane to this topic. If thats really your only issue with SSM, you have not presented any reason at all to be intrinsically against SSM.. You are in fact just ranting about current married people doing it wrong.
I'm not quibbling at all, you are moving the goal posts.

You last paragraph is irrelevant to your initial point. My benefits argument is absolutely valid to address your original point. It's not about whether it's a justification for or against gay marriage. That's a different discussion. Stick on point. You are saying the gov't should stay out of the bedrooms. The gov't does. You are inviting the gov't into your bedroom in a major way. You want the gov't to sanction your marriage, to recognize it. Either you aren't unsure of what you are saying in your original point or you are intentionally moving the goal posts to make your case and then claiming I'm making claims you never made.

Who do you think determines whether something is a civil right? The gay community? The polygamist community? It's the gov't. So, how can you claim you don't want the gov't in the way. They are the driver, the engine, the means to get you what you want. Otherwise, the issue is decided by the people via state legislatures, which is not what you want. The truth of the matter is my position falls more in line with your position than yours does. Isn't that rich in irony.

You were intentionally vague because you didn't want to be pinned down. Again, your weren't just speaking about the attitudes because to get what you want would require action, action from the gov't. The gov't isn't in your bedroom now. You want them involved, you want them in your bedroom. You want the opposite of what you are professing in your original statement.

The benefit is absolutely germane to the discussion for the points I've already addressed and you seem to ignore or dodge. True or false? Gay couples held weddings "prior" to legalization in states that didn't permit ssm? The answer is a resounding TRUE. That is EXACTLY the position you are arguing in your original position. I'm sorry you can't seem to grasp it but if you looked at it objectively you'd see it. You are looking for the gov't involvement to sanction your marriage. The reason I brought up the benefits is because this has been one of the arguments made by the ssm folks for why ssm should be allowed and was discriminatory. Ignore it all you want it was the primary reason provided to justify ssm. So, you want gov't "out of your bedroom" about as badly as I want the Cards to beat the Cubs this week (FTR I'm a huge Cub fan who hates the Cards). Just be honest about it. It doesn't change your arguments for ssm but it's stops these baseless arguments like your original statement. They are great cliches, they just aren't rooted in fact.
 
Are you sure you want to start talking about the scientific data about children raised by same-sex couples vs. traditional couples? Because I can show you numerous studies that indicate absolutely no differences in long term well-being measures such as academics, cognition, social skills, psychological health, etc.

If you're saying the Iowa Court was wrong, then virtually anything further you have to say on the topic should be deemed worthless.
LOL. Yes, paid for by pro-ssm groups, based on incredibly small sample sizes, and over short time periods (we haven't had large numbers of gays raising couples very long). Good grief, do I get to cite the large number of studies that show it is harmful? Studies paid for by the anti-ssm side? Of course, those studies suffer from the same flaws, which is why I didn't claim they prove harm. At least I'm not trying to be a political hack (like you are doing so magnificently) and showing objectivity by saying "we don't know". We need more time to study the issue to account for the long term impact.

Most of what you say is worthless, so why do I care what you think about the Varnum ruling?
 
Phantom shown study regarding children raised in SSM households: "It isn't scientifically relevant...it is too short a time period....therefore it should be ignored." Science and statistics is hard.
No, it just proves you are illiterate and one hack. Only you keep talking about Varnum when the issue before us is the US Constitution and the constitutionality of ssm. You aren't the sharpest knife in the drawer, so I should give you a free pass.
 
She did attempt to answer with: " there are definitely going to be concerns about coercion and consent and disrupting family relationships when you start talking about multiple persons."

What some are forgetting here is that Constitutional rights (Marriage) can be limited, if they survive scrutiny. SSM could be legalized, because it doesn't survive scrutiny, whereas Polygamy does.

Obviously Alito wanted to create the perfect Polygamous couple, a good way to frame the debate, but laws have been based on the lowest common denominator, and passed scrutiny on many, many occasions, a key reason is simplicity and cost-efficiency. For a rudimentary example: If statistically, 99.9% of Polygamous marriages were due to coercion, frought with abuse, and ended with murder....the law could stand, even though the one perfect-polygamous-foursome would be unfairly impacted.

Obviously you and Alito are taking the same slipperyslopeherecomesPolygamy! argument.

Really, I wanted to respond to this to post the actual transcript, for those that might be interested.

And see, this is what concerns me about Scalia:

JUSTICE SCALIA: Miss Miss Bonauto, I'm concerned about the wisdom of this Court imposing through the Constitution a requirement of action which is unpalatable to many of our citizens for religious reasons. They are not likely to change their view about what marriage consists of.


He says he is concerned about the SCOTUS determining something through the Constitution that might piss off people........because of religious reasons. That should, obviously not be a concern. And to clarify here for Phantom: If it is IN FACT "legislating", as in no right under the Constitution, then his decision should not hinge on what someone's religion dictates. He should make the decision on that ground, and that ground alone. Even hinting to being concerned about "unpalatability" is concerning, IMO.

And who cares whether one will change their view about what a marriage consists of? The Constitution has, literally, no authority, or impact over someone's personal views.
LOL. Only you could find sense in her comments. She only corrected her answer when Alito showed her the flaw in her logic. It's pretty much what I've had to do consistently with you. It's been fun, you've provided us all with a lot of laughs in your twisted reasoning, but it's time to move on to other topics. This issue has been beat to death. How about a constitutional right to a living wage. What's your take? How about who's going to win the NBA playoffs or NHL playoffs? What's your opinion on tattoos?
 
If one person can find God mentioned as the reason I don't support ssm I'll give you $1000. I haven't used God or the bible, religion. I've provided my reasoning at least a dozen times in the numerous thread. So, yes, it gets tiring and frustrating dealing with repeat questions and strawmen arguments.
It's just a coincidence every argument you make in regards to ssm happens to align with your religious beliefs.
 
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