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Pledging to Disobey a Supreme Court Ruling

Let's see if you know the answer: State A requires marriage participants to be 16 years of age. State B does not. Does State A recognize State B's marriage?

Oh, also, feel free to cite to your legislative intent showing your theory of why marriage was codified by the States.
I have no idea. Probably. What does any of this have to do with my statement that states have the right to set age limits in their state?

The proponents of gay marriage didn't even argue the final points, only the conclusion that those can't also be found in gay marriage. I'll make it easy for you though. How about you citing the legislative intent showing marriage was codified for different reasons than I listed.
 
I have no idea. Probably. What does any of this have to do with my statement that states have the right to set age limits in their state?

The proponents of gay marriage didn't even argue the final points, only the conclusion that those can't also be found in gay marriage. I'll make it easy for you though. How about you citing the legislative intent showing marriage was codified for different reasons than I listed.
If I had to guess, I'd imagine most marriage codes were written to gain the votes of religious voters. A point that makes it sort of fun to watch them now squirm and say the government should never be involved with holy matrimony. Reap what ya sow. You want to mix your religion with government? Well then the government is going to creep into your religion. If you don't like that, and you shouldn't, keep your faith out of secular affairs.
 
I've never understood this about the "civil union" proponents. They A) don't think anyone (other than them) has a right to Marriage, but B) They want the Government to accept and recognize this "civil union". How that can be viewed as somehow solving the original issue is beyond me.

IMO, It is quite clear that these proponents believe that only Religion (theirs, specifically) gets to use the word marriage. And if somebody else gets to f**** that word up, then nobody gets to use it (except them, religiously).

It is the same thing, with different words. If that is true, then there is no legitimate government purpose to label them differently.
That would be a profound statement if even a kernel or truth in it, however, as is so often the case it's just a bunch of hot air. Please cite the people who believe that only "Religion" (what does that mean anyway?) gets to use the word "marriage". I'll buy you an ice cream cone if you can find a reputable source that doesn't recognize marriage by atheists or marriages in courthouses. You can't because it's a strawman. It doesn't exist.

Why shouldn't I object if you want to change the meaning of marriage that has been in existence for centuries? So, we need to go into sophomoric arguments like calling the other side "homophobic" (and I'm not specifically calling you out for doing this).
 
I don't think civil unions offer the same rights/protections as marriage does. My tax forms don't have a "civil union filing jointly" box to check. There are also problems with federal pension benefits, life insurance claims, etc. It's just not the same as marriage. If you don't want the gov't involved in marriage at all, fine. Let's just make everything civil unions and not offer any tax benefits for marriage or collection of pension, etc. That would start to make things equal.
All of those things could be modified if they aren't already included in civil unions. As a single person I would very much be in favor of your last point. If the point of gov't getting involved in marriage to encourage family unit, procreation, best interest of child, then the gov't has a vested interest in seeing it continued. However, if it's not then I'm not sure I see the point, and as you say. Why should should I pay more in taxes as a single person than a married couple? End the double standard. Plus, if gov't benefits are the reason for marriage, then why not let any two people get married? Seriously, why not let siblings get married or father/son, not because I'm searching for an ick factor, but rather why shouldn't these people (if single now) get the same benefits as married couples.

I just read an article yesterday where single guys are marrying their best friend to get the tax break, pension, etc. These aren't romantic arrangements but simply economic ones. They use pre-nups to protect their own assets and get divorced if/when they find a person they want to marry of the opposite sex.
 
Why shouldn't I object if you want to change the meaning of marriage that has been in existence for centuries? So, we need to go into sophomoric arguments like calling the other side "homophobic" (and I'm not specifically calling you out for doing this).
Because it's to your advantage not to object. You're finally getting the cool kids on a team that has been losing the battle for relevancy for a generation. Gays may end up saving marriage, get with the program.
 
Cain followed God's vegetarian instructions, raised crops and offered them to God. Abel violated those not-yet-changed rules from the Garden, raised livestock and offered God cooked meat.

God, showing the capriciousness that was often on display in the OT, even from the very beginning, favored the rule-breaking Abel. Cain got justifiably pissed and, having been made in God's image, behaved in a godly fashion by taking matters into his own hands, and smiting the transgressor. Thereby weeding out the strongest strain of cheating from the gene pool.

Obviously Cain failed to correct God's flawed design, but at least he tried.
What bible are you getting that story from? Cain didn't violate God's law. He raised livestock, Abel was a farmer.

There was no capriciousness on display. Cain offered fruit to God and Abel best of his flock. Cain's sin was he didn't offer God his best fruit, like Abel did with his offering. It's a tangible sign from God that he wants the best offering or ourselves, not what's leftover or what's convenient for us.
God looked with favor on Abel because his heart was in the right place, Cain's wasn't. When Cain went and complained to God, God said, "Why are you so resentful and crestfallen? If you do well, you can hold up your head; but if not, sin is a demon lurking at the door: his urge is toward you, yet you can be his master". Genesis 4:6-7.

Then Cain tricked Abel into going out into the field and killed him. Cain's evil didn't stop there though. When God asked him where Abel was Cain lied and said he didn't know, "Am I my brother's keeper?". So, he lied to God. If he would have asked forgiveness (with a contrite heart) from God for his sin he would have been forgiven. God then told Cain he would be restless wanderer of the earth. Cain worried that someone would kill him on sight because of his sins, but God told him that his death would be avenged sevenfold and put a mark on him to warn people he was not to be killed.

So, Cain gives God less than his best from his harvest, tricks and kills his brother, lies to God, and God still offers him his protection. Sounds like a loving God to me.
 
If I had to guess, I'd imagine most marriage codes were written to gain the votes of religious voters. A point that makes it sort of fun to watch them now squirm and say the government should never be involved with holy matrimony. Reap what ya sow. You want to mix your religion with government? Well then the government is going to creep into your religion. If you don't like that, and you shouldn't, keep your faith out of secular affairs.
Why would religious people care if the gov't was involved. Their priest, rabbi, reverend, married them which is all they cared about. I guess maybe you could say for the gov't goodies marriage brings, but that's not limited to religious people, even atheists love gov't goodies. That's just simple greed and economics in play, it has nothing to do with religion. My suspicion is elected officials figured married people were better citizens (less crime, more responsible in paying taxes,), encouraged the growth of the population (more taxpayers), and keeping the family unit intact was good for order.

Gov't is well entrenched in religious affairs, so it's difficult to keep my religious belief out of secular affairs. A person's religious beliefs shouldn't be confined to a a church/building. As Christ said, go out and live/serve/preach among the people. Don't just go to the synagogue and preach.
 
Why would religious people care if the gov't was involved. Their priest, rabbi, reverend, married them which is all they cared about.
I don't think this is true. This debate wouldn't even exist if religious people only cared about their religious ceremonies. That topic isn't on the table.

Its my perception that religious people constantly seek validation of their beliefs. they seem from my perspective to want their religion in the public sphere at every opportunity, from shopping to sports they can't just leave god in the chapel. Its like a badge of identity and they want to be very sure that anyone they deal with is in the right club. What better way to play on that need then to be the politician willing to codify their beliefs?

My guess, again just a guess is that religious people love it anytime politicians put their religion into secular laws. Now the chickens have come home to roost. Its almost biblical if you think about it. Maybe this is proof there really is a just god? You want to make your religious ceremony the law of the land? Well now your religious ceremony is secular.
 
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I don't think this is true. This debate wouldn't even exist if religious people only cared about their religious ceremonies. That topic isn't on the table.

Its my perception that religious people constantly seek validation of their beliefs. they seem from my perspective to want their religion in the public sphere at every opportunity, from shopping to sports they can't just leave god in the chapel. Its like a badge of identity and they want to be very sure that anyone they deal with is in the right club. What better way to play on that need then to be the politician willing to codify their beliefs?

My guess, again just a guess is that religious people love it anytime politicians put their religion into secular laws. Now the chickens have come home to roost. Its almost biblical if you think about it. Maybe this is proof there really is a just god? You want to make your religious ceremony the law of the land? Well now your religious ceremony is secular.
That's a generalization on your part and I don't agree with it. I don't know a lot of people, outside of evangelicals, that are real brave in expressing their religious beliefs. It's one of the main criticisms Pope Francis has made about today's Catholics.

How is codifying marriage "codifying religious beliefs"? One doesn't have to be religious or believe in God to get married by the state. My Church looks at marriage in a different way than other church denominations (Catholic believe it's a sacrament). No one wants to make their religious ceremony (what does that even mean?) the law of the land. Again, one doesn't have to get married in a church or believe in God and their marriage is valid with any religious person I know. The only ones wanting validation from everyone is the gay people who are getting married. If not then they wouldn't be suing a baker if they refused to make a cake for them, they'd just go next door to the baker who'd be more than happy to make a cake for them.

It's always fun when someone in the national media proves a point you made shortly before. I just read on the National Review where Obama's Solicitor General, arguing for gay marriage before the court, conceded what I said earlier about churches losing tax exempt status. D*mn I'm good. :)

"Religious institutions could be at risk of losing their tax-exempt status due to their beliefs about marriage if the Supreme Court holds that gay couples have a constitutional right to wed, President Obama’s attorney acknowledged to the Supreme Court today. “It’s certainly going to be an issue,” Solicitor General Donald Verrilli replied when Justice Samuel Alito asked if schools that support the traditional definition of marriage would have to be treated like schools that once opposed interracial marriage. “I don’t deny that.”

Alito was continuing a line of questioning started by Chief Justice John Roberts. “Would a religious school that has married housing be required to afford such housing to same-sex couples?” Roberts had asked. Verrilli tried to defer to the states on that point, but Roberts pressed him about the significance of the court’s ruling as it might pertain to federal law. “There is no federal law now generally banning discrimination based on sexual orientation, and that’s where those issues are going to have to be worked out,” he said.


Read more at: http://www.nationalreview.com/artic...may-lose-tax-exempt-status-if-court-rules-gay
 
That's a generalization on your part and I don't agree with it. I don't know a lot of people, outside of evangelicals, that are real brave in expressing their religious beliefs. It's one of the main criticisms Pope Francis has made about today's Catholics.

How is codifying marriage "codifying religious beliefs"? One doesn't have to be religious or believe in God to get married by the state. My Church looks at marriage in a different way than other church denominations (Catholic believe it's a sacrament). No one wants to make their religious ceremony (what does that even mean?) the law of the land. Again, one doesn't have to get married in a church or believe in God and their marriage is valid with any religious person I know. The only ones wanting validation from everyone is the gay people who are getting married. If not then they wouldn't be suing a baker if they refused to make a cake for them, they'd just go next door to the baker who'd be more than happy to make a cake for them.

It's always fun when someone in the national media proves a point you made shortly before. I just read on the National Review where Obama's Solicitor General, arguing for gay marriage before the court, conceded what I said earlier about churches losing tax exempt status. D*mn I'm good. :)

"Religious institutions could be at risk of losing their tax-exempt status due to their beliefs about marriage if the Supreme Court holds that gay couples have a constitutional right to wed, President Obama’s attorney acknowledged to the Supreme Court today. “It’s certainly going to be an issue,” Solicitor General Donald Verrilli replied when Justice Samuel Alito asked if schools that support the traditional definition of marriage would have to be treated like schools that once opposed interracial marriage. “I don’t deny that.”

Alito was continuing a line of questioning started by Chief Justice John Roberts. “Would a religious school that has married housing be required to afford such housing to same-sex couples?” Roberts had asked. Verrilli tried to defer to the states on that point, but Roberts pressed him about the significance of the court’s ruling as it might pertain to federal law. “There is no federal law now generally banning discrimination based on sexual orientation, and that’s where those issues are going to have to be worked out,” he said.


Read more at: http://www.nationalreview.com/artic...may-lose-tax-exempt-status-if-court-rules-gay
Oh come on, you know what a religious ceremony is and of course I'm expressing a generalization, I'm only grouping most if humanity how could it be otherwise?

I'm glad to see you accepting that marriage isn't an inherently religious institution, but it was just yesterday an ally on your team argued otherwise. Are you not aware this argument is widely circulated?

Finally being forced to treat gay and straight employees the same in employment is a good thing IMO. That doesn't mean the Catholic Church will be forced to wed gay people, just that they must follow the same constitution that protects them too. Religions have been treating other sinners equally forever, get over it, focus on that plank on your eye. All things considered, homosexuality must rate a pretty minor sin. It's not breaking a commandment, Jesus didn't bother to mention it, it's not hurting anyone and is at lest in the context of this story is a union of love. Move on already.
 
Oh come on, you know what a religious ceremony is and of course I'm expressing a generalization, I'm only grouping most if humanity how could it be otherwise?

I'm glad to see you accepting that marriage isn't an inherently religious institution, but it was just yesterday an ally on your team argued otherwise. Are you not aware this argument is widely circulated?

Finally being forced to treat gay and straight employees the same in employment is a good thing IMO. That doesn't mean the Catholic Church will be forced to wed gay people, just that they must follow the same constitution that protects them too. Religions have been treating other sinners equally forever, get over it, focus on that plank on your eye. All things considered, homosexuality must rate a pretty minor sin. It's not breaking a commandment, Jesus didn't bother to mention it, it's not hurting anyone and is at lest in the context of this story is a union of love. Move on already.
You must hang around a lot different Christian crowd than I do. Granted, Catholics aren't known as big evangelizers. Marriage has never (in my lifetime) been an inherently religious institution. The argument against gay marriage has been that marriage has always been between a man and a women, not that it's always been in a church. You don't have to be "religious" to accept the traditional belief of the meaning of marriage. I'm not on any team. If someone argued that marriage was strictly a religious ceremony then the person doesn't know history or you are misunderstanding what they are saying. For example when I say my mom and dad have been married for x number of years. Yes, they have been married in the eyes of the gov't (got the license, etc). They also got married in the Catholic church which is a sacrament. The civil marriage isn't the same as the sacramental marriage, however, the church recognizes the civil marriage as a secular marriage.

"Getting over it" and "removing the plank in your eye" is fine if the gov't isn't demanding the church to do this. It's not the job of the gov't to tell the church they need to reform their religious beliefs. The church/members have a right to practice according to their faith. You don't have to agree with it but you have to respect that people see things differently than you. You can't ask for tolerance and then not practice it yourself. I haven't brought sin in to the discussion at all but since you have I'll add. It doesn't matter what you think. I'm sorry, but you don't speak for Catholics, baptists, or the Rainbow Church of Christ. It doesn't matter if it's a major or minor sin, it's still a sin. Jesus talk about any of the commandments except to lump them into two by saying love God above all others and then love thy neighbor. He specifically said he didn't come to do away with the Law or prophets. He wasn't going around preaching about what sins people were committing, that wasn't his mission. His mission was tell everyone that they are sinners but Jesus, through his death and resurrection, was our salvation from our sins. This was the radical message and one that needed to be drilled home over and over again. To tell Jews that homosexuality or prostitution was a sin was unnecessary. They new that. They lived that. What they didn't know was to love those who hate you and we need to have a personal relationship with God. If Jesus just recited the commandments or violations against Jewish moral law they probably would have looked at him funny, wondering why he's telling them something they already know. It would be like the Fed chair speaking before a bunch of economists and explaining the basic principles of supply and demand to them. They'd wonder wtf he's talking about that to them.
 
You must hang around a lot different Christian crowd than I do. Granted, Catholics aren't known as big evangelizers. Marriage has never (in my lifetime) been an inherently religious institution. The argument against gay marriage has been that marriage has always been between a man and a women, not that it's always been in a church. You don't have to be "religious" to accept the traditional belief of the meaning of marriage. I'm not on any team. If someone argued that marriage was strictly a religious ceremony then the person doesn't know history or you are misunderstanding what they are saying. For example when I say my mom and dad have been married for x number of years. Yes, they have been married in the eyes of the gov't (got the license, etc). They also got married in the Catholic church which is a sacrament. The civil marriage isn't the same as the sacramental marriage, however, the church recognizes the civil marriage as a secular marriage.

"Getting over it" and "removing the plank in your eye" is fine if the gov't isn't demanding the church to do this. It's not the job of the gov't to tell the church they need to reform their religious beliefs. The church/members have a right to practice according to their faith. You don't have to agree with it but you have to respect that people see things differently than you. You can't ask for tolerance and then not practice it yourself. I haven't brought sin in to the discussion at all but since you have I'll add. It doesn't matter what you think. I'm sorry, but you don't speak for Catholics, baptists, or the Rainbow Church of Christ. It doesn't matter if it's a major or minor sin, it's still a sin. Jesus talk about any of the commandments except to lump them into two by saying love God above all others and then love thy neighbor. He specifically said he didn't come to do away with the Law or prophets. He wasn't going around preaching about what sins people were committing, that wasn't his mission. His mission was tell everyone that they are sinners but Jesus, through his death and resurrection, was our salvation from our sins. This was the radical message and one that needed to be drilled home over and over again. To tell Jews that homosexuality or prostitution was a sin was unnecessary. They new that. They lived that. What they didn't know was to love those who hate you and we need to have a personal relationship with God. If Jesus just recited the commandments or violations against Jewish moral law they probably would have looked at him funny, wondering why he's telling them something they already know. It would be like the Fed chair speaking before a bunch of economists and explaining the basic principles of supply and demand to them. They'd wonder wtf he's talking about that to them.
What is it that you think that comment from Verrilli means?
 
What is it that you think that comment from Verrilli means?
It could mean several things, none of them good. Religious universities might be required to allow gay marriages on their campus or lose tax exemption. Religious universities that speak out against gay marriage or support religious freedom protections like RFRA might be deemed as hate speech or hostility towards gay marriage and lose tax exemption.

Truth be told it was a breath of fresh air from this administration that they were so candid in their hostility towards religious liberty. It was a first. Usually they are in denial, but this is an open admission. I guess that's progress.
 
It could mean several things, none of them good. Religious universities might be required to allow gay marriages on their campus or lose tax exemption. Religious universities that speak out against gay marriage or support religious freedom protections like RFRA might be deemed as hate speech or hostility towards gay marriage and lose tax exemption.

Truth be told it was a breath of fresh air from this administration that they were so candid in their hostility towards religious liberty. It was a first. Usually they are in denial, but this is an open admission. I guess that's progress.
My mind went in a different direction that I think would be good. Namely that gay employees of religious institutions would enjoy the same spousal benefits. Beyond that I don't see how making same sex marriage legal produces your circumstances. Churches today preach against actual protected classes without ramifications and legalizing marriage is still a long way from that status, which I admit is the goal.
 
My mind went in a different direction that I think would be good. Namely that gay employees of religious institutions would enjoy the same spousal benefits. Beyond that I don't see how making same sex marriage legal produces your circumstances. Churches today preach against actual protected classes without ramifications and legalizing marriage is still a long way from that status, which I admit is the goal.
If the states recognize gay marriage then a religious organization would have to recognize that marriage. So, yes, they would have to provide the same spousal benefits. I don't have a problem with that point.

According to a couple articles I read the tax exemption could apply for the reasons I stated. In the article, they featured Alito's entire question, which makes it clearer. He specifically mentions the Bob Jones Univ case as the precedent. In that case the gov't pulled it's tax exempt status away from Bob Jones U. because they didn't allow inter-racial dating. Alito asked would a similar justification be applied for religious orgs who didn't support gay marriage. The Solicitor General couldn't answer for sure but said it was very possible.
 
If the states recognize gay marriage then a religious organization would have to recognize that marriage. So, yes, they would have to provide the same spousal benefits. I don't have a problem with that point.

According to a couple articles I read the tax exemption could apply for the reasons I stated. In the article, they featured Alito's entire question, which makes it clearer. He specifically mentions the Bob Jones Univ case as the precedent. In that case the gov't pulled it's tax exempt status away from Bob Jones U. because they didn't allow inter-racial dating. Alito asked would a similar justification be applied for religious orgs who didn't support gay marriage. The Solicitor General couldn't answer for sure but said it was very possible.
Maybe, but race is a protected class, this case isn't granting that status to gays although I'm sure that legal battle will be fought soon. In the grand scheme of things, there is no right not to be taxed and I believe there is a right to be treated equally. If I attend Notre Dame, the school shouldn't be allowed to tell me my husband can't come to graduation and sit with my family if they allow other spouses to do this. If they do, I'm OK with taxing them. If the nonprofit gay and lesbian center starts turning away Catholics, I'm OK with taking them too. Equal protection works for all of us.
 
Maybe, but race is a protected class, this case isn't granting that status to gays although I'm sure that legal battle will be fought soon. In the grand scheme of things, there is no right not to be taxed and I believe there is a right to be treated equally. If I attend Notre Dame, the school shouldn't be allowed to tell me my husband can't come to graduation and sit with my family if they allow other spouses to do this. If they do, I'm OK with taxing them. If the nonprofit gay and lesbian center starts turning away Catholics, I'm OK with taking them too. Equal protection works for all of us.
Honestly, I haven't followed this case so don't know the specifics of the arguments, only some of the questions asked during oral arguments. What rationale is the gov't arguing for gay marriage if they aren't arguing a ban violates the 14th amendment?

Nobody is arguing there's a right to not be taxed. Using your example, can you cite a single university that has denied a spouse (or lover where gay marriage is not legal) can't come to the graduation. This isn't happening. We are talking about the gov't using taxation to prevent these places to voice opposition or refusal to celebrate gay marriages (hold weddings) on their campus grounds. Like you said, there's no right to not to be taxed. So, it's at the discretion of the federal gov't to stick it to whomever they want. . So, think as they want you to think and you are ok, but if you don't they punish you. Are we living in the US or have we adopted the old Soviet Union style of governing? Based on your original sentence do you understand why some religious orgs are legitimately worried?

The problem with your example is there's no competing constitutional right. Actually there's a few things going on. First off, is sexual orientation a protected class? I'd argue no, you'd argue yes. Secondly, in most of these cases we aren't dealing with discrimination (equal protection issue) vs nothing, it's discrimination vs religious freedom. The 14th amendment doesn't trump the 1st. We also have the RFRA, which applies to federal law, which also protects religious liberty.
 
If they thought they didn't have jurisdiction, they wouldn't have agreed to take the case in the first place. They get to choose the cases they hear you know.

IMO the court will rule for the 15th time that marriage is a fundamental right that should apply with out regard to immutable characteristics. Texas will get used to it, you all like your men in heels and tight pants anyway.

Jurisdiction has nothing to do with the petitioning of a case to the US Supreme Court. The US Supreme Court has ultimate "jurisdiction" over every court case in the US that involves an issue of federal law, so they have jurisdiction over everything that takes place in the US court system. Cases petitioned to the Supreme Court that receive a Writ of Certiorari to be heard by the court are determined by either a conflict of law between multiple state or federal jurisdictions, instances where the lower courts disagree on the same issue, legal importance, or simply the personal interests of the justices.

To clarify, Marriage is not a "right" in the United States. It is a privilege that has limitations that can be placed on an individuals ability to exercise the privilege. There is massive amounts of case precedence to make this point pretty much settled law. For example, I can't marry my sister. I can't marry someone who is 12 years old. In many states I have to submit to a mandatory blood test. So if the basis of your position on this issue is that it is a "right" to get married, then your whole premise is completely flawed.


There are multiple sections of the Constitution and case law precedence that support both sides of this argument. I think there is a strong feeling within the court to allow this issue to be decided by the people of each state. So I think they will kick it back to the individual states and say you guys figure it out on your own.
 
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Wow, Phantom, get some rest! The volume of your posting is impressive. You are coming back in a big way. Let the gays get married, why does it bother you? I just don't understand why anyone would care if gays get married. I think the religious folks are fighting a losing battle here. We are going to look back at this the same way we looked at slavery and not letting women vote. Kind of like "did we actually think so backwards back then?"
 
Wow, Phantom, get some rest! The volume of your posting is impressive. You are coming back in a big way. Let the gays get married, why does it bother you? I just don't understand why anyone would care if gays get married. I think the religious folks are fighting a losing battle here. We are going to look back at this the same way we looked at slavery and not letting women vote. Kind of like "did we actually think so backwards back then?"

This has been my problem with the whole argument against same-sex marriage. If you don't want to marry someone the same sex as you then don't do it. Nobody's forcing same-sex marriage on anyone. Nobody rational is arguing that churches should have to perform same-sex marriages.

Why is this such an issue for so many?
 
Why would religious people care if the gov't was involved. Their priest, rabbi, reverend, married them which is all they cared about. I guess maybe you could say for the gov't goodies marriage brings, but that's not limited to religious people, even atheists love gov't goodies. That's just simple greed and economics in play, it has nothing to do with religion. My suspicion is elected officials figured married people were better citizens (less crime, more responsible in paying taxes,), encouraged the growth of the population (more taxpayers), and keeping the family unit intact was good for order.

Gov't is well entrenched in religious affairs, so it's difficult to keep my religious belief out of secular affairs. A person's religious beliefs shouldn't be confined to a a church/building. As Christ said, go out and live/serve/preach among the people. Don't just go to the synagogue and preach.

Man, I was trying not to respond, but this post just drags me back in. Gays don't want to get married for the tax breaks and pension plans (though that is a nice benefit, no?). They want to get married so they can be a family unit (which you say is a good thing, right?). They want to feel validated by society just as we all do as human beings. Why do you want to deny that? Simply because you think gays are sinners in the eyes of God and shouldn't be acknowledged. That's a pretty close minded stance. I've heard all the arguments against gay marriage and they all boil down to "I don't like those gays and their sinning ways."

If you want to keep the family unit intact, let more people get married. We have plenty of people procreating, it makes no difference if gays don't have kids. There are plenty of heterosexual marriages that don't produce children. Are they bad?
EDIT: If churches get upset about losing their tax exempt status, is that just simple greed and economics coming into play? Or does it have something to do with religion? Is this the reason you are afraid of gays being allowed to marry?
 
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Honestly, I haven't followed this case so don't know the specifics of the arguments, only some of the questions asked during oral arguments. What rationale is the gov't arguing for gay marriage if they aren't arguing a ban violates the 14th amendment?

Nobody is arguing there's a right to not be taxed. Using your example, can you cite a single university that has denied a spouse (or lover where gay marriage is not legal) can't come to the graduation. This isn't happening. We are talking about the gov't using taxation to prevent these places to voice opposition or refusal to celebrate gay marriages (hold weddings) on their campus grounds. Like you said, there's no right to not to be taxed. So, it's at the discretion of the federal gov't to stick it to whomever they want. . So, think as they want you to think and you are ok, but if you don't they punish you. Are we living in the US or have we adopted the old Soviet Union style of governing? Based on your original sentence do you understand why some religious orgs are legitimately worried?

The problem with your example is there's no competing constitutional right. Actually there's a few things going on. First off, is sexual orientation a protected class? I'd argue no, you'd argue yes. Secondly, in most of these cases we aren't dealing with discrimination (equal protection issue) vs nothing, it's discrimination vs religious freedom. The 14th amendment doesn't trump the 1st. We also have the RFRA, which applies to federal law, which also protects religious liberty.
I think they are arguing this based on the 14, which is why I mentioned equal protection. I specifically said sexual orientation is not a protected class now, which is one way its different than the Bob Jones case. Bob Jones wasn't punished for voicing an opinion about inter racial dating. They were punished for having a policy that prevented it. Thats the reason I picked my example. The fact that you find my example a bit odd ought to set your mind at ease, but its analogous to what Bob Jones did when they said you couldn't have a lover of another color. If they had just voiced the opinion that its sinful, they would have been fine. If Notre Dame preaches that gays are sinful, I think they will be fine too. But if they start kicking out gay students, pull their tax exemption.

That leads to the question weather discrimination even is religious freedom. Shouldn't the religion have to show that discrimination is part of their faith? A Muslim probably can show that being forced to hire or work with a woman who doesn't cover herself is against their religion. Should all Muslims then get to fire all female workers? Are you OK if Muslims get a free pass on gender discrimination? What if that same Muslim want to fire all non-Muslims? Can a Catholic show that their religion prohibits them from being around gay people? I'd argue much of the religion preaches the opposite, the whore and Caesar bits spring to mind as examples. So then are they not just discriminating without any legitimate claim that their religion excuses the act? I'm not sure you really think religious freedom trumps the 14th. Might it not be the case that religious freedom is your right to think and act individually for yourself, but not the right to force others to respect your beliefs?
 
I am bigoted against rabid dogs. There, I said it. But you know what? I bet you are too. I don't want them anywhere near me or my kids. I won't let them be brought into my restaurant. I won't let them share the playground where my kids play.

OK, is that actually bigotry? Let's not argue definitions. We all know it makes sense to discriminate against rabid dogs.

I am also bigoted against Duke basketball. I'm not going to try to argue with you that that makes sense. It doesn't. It's a made up thing. There is no scientific or moral basis for my prejudice. It is entirely voluntary. Which is not to say that I could easily set it aside. Those dookies are scum, after all. Yes, championship scum, but scum nonetheless.

Here's the thing. If I want laws to enforce my scientifically valid prejudice against rabid dogs, I have a good argument. But if I want laws to enforce my made up prejudice against Duke, I'm an idiot. Which is why I would never seriously suggest such a thing. Much less take it to the Supreme Court.

If there were laws preventing dookies from driving cars and those laws were being struck down, I wouldn't go to the Supreme Court to defend those laws.
 
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Jurisdiction has nothing to do with the petitioning of a case to the US Supreme Court. The US Supreme Court has ultimate "jurisdiction" over every court case in the US that involves an issue of federal law, so they have jurisdiction over everything that takes place in the US court system. Cases petitioned to the Supreme Court that receive a Writ of Certiorari to be heard by the court are determined by either a conflict of law between multiple state or federal jurisdictions, instances where the lower courts disagree on the same issue, legal importance, or simply the personal interests of the justices.

To clarify, Marriage is not a "right" in the United States. It is a privilege that has limitations that can be placed on an individuals ability to exercise the privilege. There is massive amounts of case precedence to make this point pretty much settled law. For example, I can't marry my sister. I can't marry someone who is 12 years old. In many states I have to submit to a mandatory blood test. So if the basis of your position on this issue is that it is a "right" to get married, then your whole premise is completely flawed.


There are multiple sections of the Constitution and case law precedence that support both sides of this argument. I think there is a strong feeling within the court to allow this issue to be decided by the people of each state. So I think they will kick it back to the individual states and say you guys figure it out on your own.
The Supreme Court has disagreed with you 14 times in the past, I expect they will again very soon. The existence of restrictions on a right, doesn't make it a privilege. If that were so, there would be zero rights as they are all restricted in some manner.
 
Wow, Phantom, get some rest! The volume of your posting is impressive. You are coming back in a big way. Let the gays get married, why does it bother you? I just don't understand why anyone would care if gays get married. I think the religious folks are fighting a losing battle here. We are going to look back at this the same way we looked at slavery and not letting women vote. Kind of like "did we actually think so backwards back then?"
It bothers me because I believe it's an issue that should be left to the states to decide, not the courts. I don't disagree it's a losing battle but that doesn't mean it's not a battle worth fighting. Actually, I think my reasoning against is pretty well summed up by the editors of National Review.

"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. What ought to matter for the Court, though, is that the Constitution neither commands states to adopt one of these understandings nor forbids them to do it. No legislators who ratified the Fourteenth Amendment understood themselves to be settling policy on this question or to be handing over the authority to settle policy on it to federal judges. (In this respect same-sex marriage is very different from interracial marriage, bans on which were introduced into the law precisely to enforce the racial hierarchies the Reconstruction Amendments assaulted.)"


Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors
 
Exactly, in 200 years we will look at today's religions like we look at Greek Mythology today.
 
It bothers me because I believe it's an issue that should be left to the states to decide, not the courts. I don't disagree it's a losing battle but that doesn't mean it's not a battle worth fighting. Actually, I think my reasoning against is pretty well summed up by the editors of National Review.

"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. What ought to matter for the Court, though, is that the Constitution neither commands states to adopt one of these understandings nor forbids them to do it. No legislators who ratified the Fourteenth Amendment understood themselves to be settling policy on this question or to be handing over the authority to settle policy on it to federal judges. (In this respect same-sex marriage is very different from interracial marriage, bans on which were introduced into the law precisely to enforce the racial hierarchies the Reconstruction Amendments assaulted.)"


Read more at: http://www.nationalreview.com/article/417600/constitution-silent-same-sex-marriage-editors
I'm sorry, but that is the biggest bunch of BS I have read recently. There is a need for society and the government to shape sexual behavior (i.e. non-gay sexual behavior) to promote the well-being of children? What the hell does that even mean? It is EXTREMELY bigoted. The old view basically says that gays and their sexual behavior are bad. Why do they bring up polygamy? The only polygamy I have ever heard of is within the Morman church and that was heterosexual behavior.

Whoever wrote that insults the intelligence of everyone reading it. Unless you are a bigot against gays yourself, there is no way you can read that and not see how it is basically saying, "we think gays are bad and don't want them to be a legal family unit". Frankly, it's disgusting.

If you want to argue that gay families are bad for children, you are not going to find any evidence to back up that claim. Kids need a loving supportive environment. Period. If you think there is a better chance of that in a heterosexual relationship than a gay relationship, you are just flat out wrong.

I think people against gay marriage really need to look at themselves and say "what am I really afraid of here? Do I feel this way just because I don't like gay people or is there really some sort of threat to society and me personally?"
 
That would be a profound statement if even a kernel or truth in it, however, as is so often the case it's just a bunch of hot air. Please cite the people who believe that only "Religion" (what does that mean anyway?) gets to use the word "marriage". I'll buy you an ice cream cone if you can find a reputable source that doesn't recognize marriage by atheists or marriages in courthouses. You can't because it's a strawman. It doesn't exist.

Why shouldn't I object if you want to change the meaning of marriage that has been in existence for centuries? So, we need to go into sophomoric arguments like calling the other side "homophobic" (and I'm not specifically calling you out for doing this).

Am I misunderstanding you? You are discussing taking government out of marriage. If government is out of marriage...who else is performing marriages? I've never said anything about the government not accepting atheist marriages. People, including OiT (and you?) believe that Religion defined the word marriage, and therefore gays/liberals shouldn't be allowed to redefine it.

And I have never said this was homophobic, nor do I even believe it is homophobic. Honestly, I don't care about the personal opinions, only the societal/legal ones.
 
That's a generalization on your part and I don't agree with it. I don't know a lot of people, outside of evangelicals, that are real brave in expressing their religious beliefs. It's one of the main criticisms Pope Francis has made about today's Catholics.

How is codifying marriage "codifying religious beliefs"? One doesn't have to be religious or believe in God to get married by the state. My Church looks at marriage in a different way than other church denominations (Catholic believe it's a sacrament). No one wants to make their religious ceremony (what does that even mean?) the law of the land. Again, one doesn't have to get married in a church or believe in God and their marriage is valid with any religious person I know. The only ones wanting validation from everyone is the gay people who are getting married. If not then they wouldn't be suing a baker if they refused to make a cake for them, they'd just go next door to the baker who'd be more than happy to make a cake for them.

It's always fun when someone in the national media proves a point you made shortly before. I just read on the National Review where Obama's Solicitor General, arguing for gay marriage before the court, conceded what I said earlier about churches losing tax exempt status. D*mn I'm good. :)

"Religious institutions could be at risk of losing their tax-exempt status due to their beliefs about marriage if the Supreme Court holds that gay couples have a constitutional right to wed, President Obama’s attorney acknowledged to the Supreme Court today. “It’s certainly going to be an issue,” Solicitor General Donald Verrilli replied when Justice Samuel Alito asked if schools that support the traditional definition of marriage would have to be treated like schools that once opposed interracial marriage. “I don’t deny that.”

Alito was continuing a line of questioning started by Chief Justice John Roberts. “Would a religious school that has married housing be required to afford such housing to same-sex couples?” Roberts had asked. Verrilli tried to defer to the states on that point, but Roberts pressed him about the significance of the court’s ruling as it might pertain to federal law. “There is no federal law now generally banning discrimination based on sexual orientation, and that’s where those issues are going to have to be worked out,” he said.


Read more at: http://www.nationalreview.com/artic...may-lose-tax-exempt-status-if-court-rules-gay

Wait, so now you cite to an Obama lawyer?

I can only tell you two things: I don't care what he says and what he believes. I will stand up for, fight, and do so loudly on behalf of churches. No church should ever be required to perform a marriage, that is a ridiculous assertion and would completely fly in the face of the Constitution.

BUT, he is talking about tax-exempt status, which is a completely separate topic, and one that isn't necessarily religious. I, personally, believe they should remain tax exempt, regardless of their conduct, and I mean that absolutely.
 
Jurisdiction has nothing to do with the petitioning of a case to the US Supreme Court. The US Supreme Court has ultimate "jurisdiction" over every court case in the US that involves an issue of federal law, so they have jurisdiction over everything that takes place in the US court system. Cases petitioned to the Supreme Court that receive a Writ of Certiorari to be heard by the court are determined by either a conflict of law between multiple state or federal jurisdictions, instances where the lower courts disagree on the same issue, legal importance, or simply the personal interests of the justices.

To clarify, Marriage is not a "right" in the United States. It is a privilege that has limitations that can be placed on an individuals ability to exercise the privilege. There is massive amounts of case precedence to make this point pretty much settled law. For example, I can't marry my sister. I can't marry someone who is 12 years old. In many states I have to submit to a mandatory blood test. So if the basis of your position on this issue is that it is a "right" to get married, then your whole premise is completely flawed.

There are multiple sections of the Constitution and case law precedence that support both sides of this argument. I think there is a strong feeling within the court to allow this issue to be decided by the people of each state. So I think they will kick it back to the individual states and say you guys figure it out on your own.

Some strange ignorance in this post. Not sure why you even posted it.
 
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If the states recognize gay marriage then a religious organization would have to recognize that marriage. So, yes, they would have to provide the same spousal benefits. I don't have a problem with that point.

.

I want to clarify your definition of "religious organization". Are you talking about a church? Or are you talking about Hobby Lobby? Do you see a demonstrable difference between the two?
 
Phantom:

You seem to believe in a few things that are clear:

Religious Freedom is extremely important and is protected by the Constitution, and should not, in any instance, be infringed.
Marriage is not a Constitutional right.

So I ask:

If a person's religious beliefs require them to be married prior to engaging in sex/cohabitating (or to strive to be married in general), then would you agree that the Constitution would not allow this to be infringed?
If the person's religious beliefs include SSM, how do you distinguish that?
 
It bothers me because I believe it's an issue that should be left to the states to decide, not the courts. I don't disagree it's a losing battle but that doesn't mean it's not a battle worth fighting. Actually, I think my reasoning against is pretty well summed up by the editors of National Review.

"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. What ought to matter for the Court, though, is that the Constitution neither commands states to adopt one of these understandings nor forbids them to do it. No legislators who ratified the Fourteenth Amendment understood themselves to be settling policy on this question or to be handing over the authority to settle policy on it to federal judges. (In this respect same-sex marriage is very different from interracial marriage, bans on which were introduced into the law precisely to enforce the racial hierarchies the Reconstruction Amendments assaulted.)"


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

I guess I just flat-out disagree with their assertion, but at least it is a logical, well-reasoned one for once. I think one question needs to be answered first, in discussing the context that they do: Is procreation, still, a necessity/want? In 1911 the US appears to have had under 100Million residents, and now has over 310Million, with over 3M added last year. The world has gone from 1.6B to 7Billion since the 1900s. We gained a Billion more people in 13 years. Is procreation (at high rates) still a necessary, compelling government interest? If yes, then the question turns to whether homosexuals actually do, in fact, hinder the statistics. Sure, in theory (a la Jurassic Park) homosexuals won't reproduce, therefore if we are all homosexuals the world would end. Reality is important. I don't think there are any statistics that show that homosexuals, especially those in marriage, are hindering the species' procreation.

So, if we move on to the next point, the NR seems to claim that there isn't any more good reasons for marriage, which is just false. If there were, say 10 good reasons for marriage, why does eliminating one or two (procreation, love?) also eliminate the other 8 reasons. Marriage is good, and the studies show it. It is good for children, it is good for health, it is good for sanity (well, usually). Humans want to "connect" with others, "love" is far too prevalent to be imaginary. What the studies DON'T show is that SSM somehow invalidates all the good things left about marriage, they certainly don't show a negative impact on children.
 
. . .

I am also bigoted against Duke basketball. I'm not going to try to argue with you that that makes sense. It doesn't. It's a made up thing. There is no scientific or moral basis for my prejudice. It is entirely voluntary. Which is not to say that I could easily set it aside. Those dookies are scum, after all. Yes, championship scum, but scum nonetheless. . . .

If there were laws preventing dookies from driving cars and those laws were being struck down, I wouldn't go to the Supreme Court to defend those laws.

I wouldn't give up this point so easily. There is a growing consesus that Duke is in fact evil. One day there will be proof.
 
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